UST Golden Notes 2011

UST GOLDEN NOTES 2011
LANDTITLESANDDEEDS
I.TORRENSSYSTEM
A.CONCEPTANDBACKGROUND
Q:WhatisTorrensSystem?
A: It is a system for registration of land under

which, upon the landowners application, the
court may, after appropriate proceedings, direct
the register of deeds for the issuance of a
certificateoftitle.
Q: What are the purposes in adopting the

TorrensSystemoflandregistration?
A:To:
1. avoid possible conflicts of title
regardingrealproperty;and
2. facilitate transactions relative thereto
bygivingthepublictherighttorelyon
the face of the Torrens certificate of
title and to dispense with the need of
inquiringfurther.
Q:Whatisthenatureoftheproceedingforland
registrationundertheTorrensSystem?
A:TheTorrenssystemisjudicialincharacterand
not merely administrative. Under the Torrens
system, the proceeding is in rem, which means
thatitisbindinguponthewholeworld.
Note:Inaregistrationproceedinginstitutedforthe
registration of a private land, with or without
opposition, the judgment of the court confirming
the title of the applicant or oppositor, as the case
may be, and ordering its registration in his name,
constitutes, when final, res judicata against the
wholeworld.
Q: What bodies implement land registration

undertheTorrenssystem?
A:
1. Courts
2. Department of Environment and
NaturalResources(DENR)
3. Department of Justice (DOJ) through
the Land Registration Authority (LRA)
anditsRegisterofDeeds
4. DepartmentofLandReform(DLR)
5. DepartmentofAgriculture(DAR)
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B.CERTIFICATEOFTITLE
Q:WhatisaCertificateofTitle?
A: Certificate of title is the transcript of the

decree of registration made by the Register of
Deeds in the registry. It accumulates in one
documentapreciseandcorrectstatementofthe
exact status of the fee simple title which an
ownerpossesses.(AgcaoiliReviewer,p.245,2008
ed)
Q:Whatarethetwotypesofcertificatesoftitle?
A:
1. Original Certificate of Title (OCT) the
first title issued in the name of the
registered owner by the Register of
Deeds covering a parcel of land which
had been registered under the Torrens
system by virtue of a judicial or
administrativeproceeding.
It consists of one original copy filed in

the Register of Deeds, and the owners
duplicate certificate delivered to the
owner.
2. Transfer Certificate of Title (TCT) the

title issued by the Register of Deeds in
favor of a transferee to whom the
ownershipofaregisteredlandhasbeen
transferred by any legal mode of
conveyance(e.g.sale,donation).
It also consists of an original and an

ownersduplicatecertificate.
Q: Differentiate title over land, land title,

certificateoftitle,anddeed.
A: Title is a juridical act or a deed which is not

sufficient by itself to transfer ownership but
provides only for a juridical justification for the
effectuation of a mode to acquire or transfer
ownership.
Land title is the evidence of the owners right or

extent of interest, by which he can maintain
control, and as a rule, assert right to exclusive
possessionandenjoymentofproperty.
Certificateoftitleisthetranscriptofthedecreeof
registrationmadebytheRegisterofDeedsinthe
registry. It accumulates in one document a
preciseandcorrectstatementoftheexactstatus
ofthefeesimpletitlewhichanownerpossesses.
(AgcaoiliReviewer,p.245,2008ed)
CIVILLAWTEAM:
ADVISER:ATTY.ELMERT.RABUYA;SUBJECTHEAD:ALFREDOB.DIMAFELIXII;
ASST.SUBJECTHEADS:KARENFELIZG.SUPNAD,LAMBERTOL.SANTOSIII;MEMBERS:PAULELBERTE.AMON,ALSTONANARNA,OZANJ.
FULLEROS,CECILIOM.JIMENO,JR.,ISMAELSARANGAYA,JR.;CONTRIBUTORS:LOISERAEG.NAVAL,MONICAJUCOM
LAND TITLES AND DEEDS

Adeedistheinstrumentinwriting,bywhichany
real estate or interest therein is created,
alienated, mortgaged or assigned, or by which
titletoanyrealestatemaybeaffectedinlawor
equity.
Q: Is title over land synonymous with

ownership?
A:No.Titleisajuridicalactoradeedwhichisnot
sufficient by itself to transfer ownership but
provides only for a juridical justification for the
effectuation of a mode to acquire or transfer
ownership. It provides the cause for the
acquisitionofownership.(i.e.sale=title;delivery
= mode of acquisition of ownership) (Pineda,
Property,p.485,1999ed)
Ownership,ontheotherhand,isanindependent
right of exclusive enjoyment and control of the
thing for the purpose of deriving therefrom all
advantages required by the reasonable needs of
the owner and the promotion of the general
welfarebutsubjecttotherestrictionsimposedby
lawandtherightsofothers.(Art.427,NCC)
ACQUISITIONOFTITLE
Q: What are the modes of acquiring title over

land?
A:IASDO
1. By possession of land since time
Immemorial
2. By possession of Alienable and
disposablepublicland
Note:UnderthePublicLandAct(CA
No. 141), citizens of the Philippines,
who by themselves or through their
predecessorsininterest have been
in open, continuous, exclusive and
notoriouspossessionandoccupation
of alienable and disposable
agriculturallandofthepublicdomain
underabonafideclaimofownership
since June 12, 1945, or earlier,
(except when prevented by war or
force majeure), shall be conclusively
presumedtohave performed all the
conditionsessentialtoagovernment
grant and shall be entitled to a
certificateoftitle.
3.
By Sale, Donation, and Other modes of

acquiringownership
Q: What are the modes of acquiring ownership

overland?
A:OLDTIPS
1. Occupation
2. Law
3. Donation
4. Tradition
5. Intellectualcreation
6. Prescription
7. Succession
Q:Differentiatepossessionfromoccupation.
A:
OCCUPATION
POSSESSION
Itappliesonlyto
Itappliestoproperties
propertywithout
whetherwithor
owner.
withoutowner.
Byitselfdoesnot
Itconfersownership.
conferownership.
Therecanbeno
Therecanbe
occupationwithout
possessionwithout
ownership.
ownership.
Q:Howarelandtitlesacquired?
A:PERAPAID
1. Publicgrant
2. Emancipationpatentorgrant
3. Reclamation
4. Adverse possession / acquisitive
prescription
5. Privategrantorvoluntarytransfer
6. Accretion
7. Involuntaryalienation
8. Descentordevise
TORRENSTITLE
Q:WhatisTorrenstitle?
A:Itisacertificateofownershipissuedunderthe
Torrens system of registration by the
government, through the Register of Deeds (RD)
naminganddeclaringtheownerinfeesimple of
therealpropertydescribedtherein,freefromall
liens&encumbrances,exceptasmaybeexpressly
notedthereorotherwisereservedbylaw.
Note: It is conclusive against the whole world

(including the government and to a holder in good
faith),guaranteedtobeindefeasible,unassailable&
imprescriptible.
Q: Filomena allegedly bought a parcel of

unregistered land from Hipolito. When she had
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
Facultad de Derecho Civil
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the property titled and declared for tax

purposes, she sold it. The Mapilis question the
transfer, saying that Filomena falsely stated in
her Affidavit of Transfer of Real Property that
Hipolitosoldittoherin1949,sincebythattime,
heisalreadydead.Filomenamaintainsthatshe
is the lawful owner of such by virtue of the
issuance of the Torrens certificate and tax
declarationsinhername.IsFilomenathelawful
ownerofsuchproperty?
A: No. Torrens certificate pertaining to the

disputed property does not create or vest title,
but is merely an evidence of anindefeasible and
incontrovertible title to the property in favor of
the person whose name appears therein. Land
registration under the Torrens system was never
intendedtobeameansofacquiringownership.
Neither does the existence of tax declarations

createorvesttitle.Itisnotaconclusiveevidence
of ownership, but a proof that the holder has a
claimoftitleovertheproperty.(Larenav.Mapili,
et.al.,G.R.No.146341,Aug.7,2003)
Q: What are the effects of the issuance of a

Torrenstitle?
A:TRINC
1. The land is placed under the operation
ofTorrensSystem;
2. Land is Relieved from all claims except
those noted thereon and provided by
law;
3. The land becomes Incontrovertible and
indefeasible;
4. Title to the land becomes Non
prescriptible;and
5. The certificate of title is not subject to
Collateralattack.
Q:WhatistheprobativevalueofaTorrenstitle?
A:Torrenstitlemaybereceivedinevidenceinall
courts of the Philippines and shall be conclusive
astoallmatterscontainedtherein,principallyas
totheidentityofthelandownerexceptsofaras
providedintheLandRegistrationAct(LRA)
A Torrens certificate is an evidence of

indefeasible title of property in favor of the
person in whose name appears therein such
holder is entitled to the possession of the
propertyuntilhistitleisnullified.
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INDEFEASIBILITYANDINCONTROVERTIBILITY
OFCERTIFICATESOFTITLE
Q: What is meant by indefeasibility and

incontrovertibilityofcertificatesoftitle?
A: The certificate, once issued, becomes a

conclusiveevidenceofthetitleownershipofthe
land referred to therein. What appears on the
face of the title is controlling on questions of
ownershipofthepropertyinfavoroftheperson
whosenameappearsthereinandsuchcannotbe
defeated by adverse, open, and notorious
possession; neither can it be defeated by
prescription.(AgcaoiliReviewer,p.246,2008)
Q: What are the rules as regards indefeasibility

andincontrovertibility?
A:
1. The certificate of title serves as
evidence of an indefeasible title to the
property in favor of the person whose
nameappearstherein.
2. Aftertheexpirationoftheone(1)year
period from the issuance of the decree
ofregistrationuponwhichitisbased,it
becomesincontrovertible.
3. Decree of registration and the

certificate of title issued pursuant
theretomaybeattackedontheground
ofactualfraudwithinone(1)yearfrom
thedateofitsentryandsuchanattack
must be direct and not by a collateral
proceeding. The validity of the
certificate of title in this regard can be
threshedoutonlyinanactionexpressly
filedforthepurpose.
Q: There is no specific provision in the Public

LandLaw(CANo.141,asamended)ortheLand
Registration Act (Act 496), now PD 1529, fixing
the one (1) year period within which the public
land patent is open to review on the ground of
actual fraud as in Section 38 of the Land
RegistrationAct,nowSection32ofPD1529,and
clothing a public land patent certificate of title
with indefeasibility. What is the effect of such
absence?
A:None.Theruleonindefeasibilityofcertificates
of title was applied by the Court in Public Land
Patents because, according to the Court, such
application is in consonance with the spirit and
intentofhomesteadlaws.
CIVILLAWTEAM:

The Court held that the pertinent
pronouncements in cases clearly reveal that Sec.
38oftheLandRegistrationAct,nowSec.32ofPD
1529 was applied by implication by this Court to
the patent issued by the Director of Lands duly
approved by the Secretary of Natural Resources,
under the signature of the President of the
Philippinesinaccordancewithlaw.
The date of issuance of the patent, therefore,

corresponds to the date of the issuance of the
decreeinordinaryregistrationcasesbecausethe
decree finally awards the land applied for
registration to the party entitled to it, and the
patentissuedbytheDirectorofLandsequallyand
finally grants, awards, and conveys the land
applied for to the applicant. (Aquino, p. 148;
AgcaoiliReviewerp.409)
Note: A certificate of title issued under an

administrativeproceedingpursuanttoahomestead
patent is as indefeasible as a certificate of title
issued under a judicial registration proceeding,
provided the land covered by said certificate is a
disposable public land within the contemplation of
thePublicLandLaw.
MIRRORDOCTRINE
Q:Whatisthemirrordoctrine?
A: All persons dealing with a property covered

byTorrenscertificateoftitlearenotrequiredto
gobeyondwhatappearsonthefaceofthetitle.
Wherethereisnothingonthecertificateoftitle
toindicateanycloudorviceintheownershipof
the property, or any encumbrance thereon, the
purchaserisnotrequiredtoexplorefurtherthan
what the Torrens title upon its face indicates in
quest for any hidden defect or inchoate right
thatmaydefeathisrightthereto.
Note: Stated differently, an innocent purchaser for

valuerelyingontheTorrenstitleissuedisprotected.
Q:Whendoesthemirrordoctrineapply?
A:Whenatitleoveralandisregisteredunderthe
Torrens system (Agcaoili Reviewer, p. 246, 1999
ed)
Q:BeeboughtaparceloflandwithacleanTCT.
However, when he found some persons
occupying it, he fenced the property over the
occupants objection. May Bee invoke the
principlethatapersondealingwitharegistered
landneednotgobeyonditscertificateoftitlein
thiscase?
A:No.Althoughitisarecognizedprinciplethata
person dealing on a registered land need not go
beyond it certificate of title, it is also a firmly
settled rule that where there are circumstances
which would put a party on guard and prompt
him to investigate or inspect the property being
sold to him, such as the presence of
occupants/tenants thereon, it is of course,
expected from the purchaser of valued piece of
land to inquire first into the status or nature of
the possessionof the occupants, i.e., whetheror
not the occupants possess the land en concepto
dedueno,inconceptofanowner.
As is the common practice in the real estate

industry, an ocular inspection of the premises
involved is a safeguard that a cautious and
prudent purchaser usually takes. Should he find
outthatthelandheintendstobuyisoccupiedby
anybodyelseotherthanthesellerwho,asinthis
case,isnotinactualpossession,itwouldthenbe
incumbentuponthepurchasertoverifytheextent
oftheoccupantspossessoryrights.Thefailureof
theprospectivebuyertotakesuchprecautionary
steps would mean negligence on his part and
would thereby preclude him from claiming or
invokingtherightsofapurchaseringoodfaith.
(Mathayv.CA,G.R.No.115788,Sept.17,1988)
Q: Spouses X and Y mortgaged a piece of

registered land to A, delivering as well the OCT
tothelatter,buttheycontinuedtopossessand
cultivatetheland,giving1/2ofeachharvesttoA
in partial payment of their loan to the latter. A
however, without the knowledge of X and Y,
forged a deed of sale of the aforesaid land in
favorofhimself,gotaTCTinhisname,andthen
soldthelandtoB.
B bought the land relying on A's title, and

thereafter got a TCT in his name. It was only
thenthatthespousesXandYlearnedthattheir
land had been titled in B's name. May said
spouses file an action for reconveyance of the
landinquestionagainstB?Reason.
A: The action of X and Y against B for

reconveyance of the land will not prosper
because B has acquired a clean title to the
propertybeinganinnocentpurchaserforvalue.
A forged deed is an absolute nullity and conveys

no title. The fact that the forged deed was
registered and a certificate of title was issued in
his name, did not operate to vest upon A
ownership over the property of X and Y. The
registration of the forged deed will not cure the
infirmity. However, once the title to the land is
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registered in the name of the forger and title to

the land thereafter falls into the hands of an
innocentpurchaserforvalue,thelatteracquiresa
cleantitlethereto.Abuyerofaregisteredlandis
not required to explore beyond what the record
in the registry indicates on its face in quest for
any hidden defect or inchoate right which may
subsequently defeat his right thereto. This is the
"mirror principle" of the Torrens system which
makesitpossibleforaforgeddeedtobetheroot
ofagoodtitle.
Besides,itappearsthatspousesXandYareguilty
of contributory negligence when they delivered
theOCTtothemortgageewithoutannotatingthe
mortgage thereon. Between them and the
innocent purchaser for value, they should bear
theloss.(1999BarQuestion)
Q: Who is a purchaser in good faith and for

value?
A:Apurchaseringoodfaithandforvalueisone
who buys property of another, without notice
thatsomeotherpersonhasarightto,orinterest
insuchpropertyandpaysafullandfairpricefor
thesameatthetimeofsuchpurchase,orbefore
he has notice of the claim or interest of some
other person in the property. (San Roque Realty
and Development Corp. v. Republic, G.R. No.
163130,Sept.7,2007)
Note: An innocent purchaser for value includes a

lessee,mortgagee,orotherencumbrancesforvalue.
Purchaseringoodfaithandforvalueisthesameas
aninnocentpurchaserforvalue.
Goodfaithconsistsinanhonestintentiontoabstain
fromtakinganyunconsciousadvantageofanother.
Q: If the land subject of the dispute was not

brought under the operation of the Torrens
system, will the concept of an innocent
purchaserforvalueapply?
A:Ifthelandinquestionwasnotbroughtunder
the operation of Torrens system because the
originalcertificateoftitleisnullandvoidabinitio,
the concept of an innocent purchaser for value
doesnotapply.
Note:Goodfaithandbadfaithisimmaterialincase
of unregistered land. One who purchases an
unregistered land does so at his peril (Agcaoili
Reviewer,p.10,1999ed)
Q:In1979,Nestorappliedforandwasgranteda
Free Patent over a parcel of agricultural land
458
with an area of 30 hectares, located in General

SantosCity.HepresentedtheFreePatenttothe
Register of Deeds, and he was issued a
corresponding Original Certificate of Title (OCT)
No. 375. Subsequently, Nestor sold the land to
Eddie. The deed of sale was submitted to the
RegisterofDeedsandonthebasisthereof,OCT
No.375wascancelledandTransferCertificateof
Title (TCT) No. 4576 was issued in the name of
Eddie. In 1986, the Director of Lands filed a
complaintforannulmentofOCTNo.375andTCT
No.4576onthegroundthatNestorobtainedthe
Free Patent through fraud. Eddie filed a motion
to dismiss on the ground that he was an
innocent purchaser for value and in good faith
and as such, he has acquired a title to the
property which is valid, unassailable and
indefeasible.Decidethemotion.
A: Nestors motion to dismiss the complaint for

annulment of OCT No. 375 and TCT No. 4576
shouldbedeniedforthefollowingreasons:
1. Eddie cannot claim protection as an

innocentpurchaserforvaluenorcanhe
interpose the defense of indefeasibility
ofhistitle,becausehisTCTisrootedon
avoidtitle.UnderSec.91,CANo.141,
as amended, otherwise known as the
PublicLandAct,statementsofmaterial
facts in the applications for public land
must be under oath. Sec. 91 of the
sameactprovidesthatsuchstatements
shall be considered as essential
conditions and parts of the concession,
title, or permit issued, any false
statement therein, or omission of facts
shallipsofactoproducethecancellation
oftheconcession.Thepatentissuedto
Nestor in this case is void ab initio not
only because it was obtained by fraud
but also because it covers 30 hectares
whichisfarbeyondthemaximumof24
hectares provided by the free patent
law.
2. Thegovernmentcanseekannulmentof
the original and transfer certificates of
titleandthereversionofthelandtothe
State.Eddie'sdefenseisuntenable.The
protection afforded by the Torrens
System to an innocent purchaser for
value can be availed of only if the land
hasbeentitledthrujudicialproceedings
where the issue of fraud becomes
academicafterthelapseofone(1)year
from the issuance of the decree of
registration. In public land grants, the
CIVILLAWTEAM:

action of the government to annul a
title fraudulently obtained does not
prescribe such action and will not be
barredbythetransferofthetitletoan
innocentpurchaserforvalue.(2000Bar
Question)
Q:Istherightofthepublictorelyonthefaceof
acertificateoftitleabsolute?
A: No. This is unavailing when the party

concerned has actual knowledge of facts and
circumstances that should imply a reasonably
cautiousmantomakesuchfurtherinquiry.
Q:Whataretheexceptionstotheapplicationof
themirrordoctrine?
A:BOBLIKA
1. Wherethepurchaserormortgageeisa
Bank/financinginstitution;
2. WheretheOwnerstillholdsavalidand
existing certificate of title covering the
samepropertybecausethelawprotects
the lawful holder of a registered title
over the transfer of a vendor bereft of
anytransmissibleright;
3. PurchaserinBadfaith;
4. Purchaseslandwithacertificateoftitle
containinganoticeofLispendens;
5. Sufficiently strong indications to impel
closer Inquiry into the location,
boundariesandconditionofthelot;
6. Purchaser had full Knowledge of flaws
anddefectsinthetitle;or
7. Whereapersonbuyslandnotfromthe
registeredownerbutfromwhoserights
tothelandhasbeenmerelyAnnotated
onthecertificateoftitle.
Q: Bruce is the registered owner, of a parcel of

land with a building thereon and is in peaceful
possessionthereof.Hepaystherealestatetaxes
and collects the rentals therefrom. Later,
Catalino, the only brother of Bruce, filed a
petition where he, misrepresenting to be the
attorneyinfactofBruceandfalselyallegingthat
the certificate of title was lost, succeeded in
obtainingasecondowner'sduplicatecopyofthe
title and then had the same transferred in his
name through a simulated deed of sale in his
favor. Catalino then mortgaged the property to
Desiderio who had the mortgage annotated on
the title. Upon learning of the fraudulent
transaction, Bruce filed a complaint against
Catalino and Desiderio to have the title of
Catalino and the mortgage in favor of Desiderio
declared null and void. Will the complaint
prosper, or will the title of Catalino and the

mortgagetoDesideriobesustained?
A: The complaint for the annulment of Catalino's

title will prosper. In the first place, the second
owner'scopyofthetitlesecuredbyhimfromthe
Land Registration Court is void ab initio, the
owner's copy thereof having never been lost, let
alone the fact that said second owner's copy of
the title was fraudulently procured and
improvidently issued by the court. In the second
place,theTransferCertificateofTitleprocuredby
Catalino is equally null and void, it having been
issuedonthebasisofasimulatedorforgedDeed
of Sale. A forged deed is an absolute nullity and
conveysnotitle.
ThemortgageinfavorofDesiderioislikewisenull
andvoidbecausethemortgagorisnottheowner
of the mortgaged property. While it may be true
that under the "mirror rinciple of the Torrens
systemoflandregistration,abuyerormortgagee
has the right to rely on what appears on the
certificateoftitle,andintheabsenceofanything
toexcitesuspicion, isunderno obligationto look
beyond the certificate and investigate the
mortgagor's title, this rule does not find
application in the case at hand because here,
Catalino's title suffers from two fatal infirmities,
namely:
1. Thefactthatitemanatedfromaforged
deedofasimulatedsale;and
2. The fact that it was derived from a
fraudulently procured or improvidently
issued second owner's copy, the real
owner'scopybeingstillintactandinthe
possessionofthetrueowner,Bruce.
The mortgage to Desiderio should be cancelled

withoutprejudicetohisrightto goafterCatalino
and/or the government for compensation from
theassurancefund.(1991BarQuestion)
Q:Duranownedtwoparcelsoflandwhichwere
madesubjectofadeedofsaleinfavorofFe,her
mother. After obtaining title in her name, Fe
mortgaged the property to Erlinda. With Fes
failuretoredeem,Erlindaacquiredtheproperty
atpublicauction.Duran,claimingthatthedeed
of sale is a forgery, sought to recover the
property.Erlindainvokesthedefenseofbeinga
purchaseringoodfaith.IsErlindaapurchaserin
goodfaith?
A: Yes. Erlinda, in good faith, relied on the

certificateoftitleinthenameofFe.Afraudulent
orforgeddocumentofsalemaybecometheroot
ofavalidtitleifthecertificateoftitlehasalready
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beentransferredfromthenameofthetrueowner
to the name of the forger or the name indicated
by the forger. (Duran v. IAC, G.R. No. L64159,
Sept.10,1985)
Q: When may a forged document become the

rootofavalidtitle?
A: When the seller thru insidious means obtains

theownersduplicatecertificateoftitle,converts
it in his name, and subsequently sells or
otherwiseencumbersittoaninnocentpurchaser
forvalue.
Q: X, who did not know how to read and write

was, made to sign by her adopted son a paper
which turned out to be a deed of sale of her
houseandlot.Shenowquestionsthesaleofthe
properties in favor of the vendee. Who has a
betterright?
A: The vendee has a better right. This is so

because, although generally a forged fraudulent
deed is nullity and conveys no title, there are
instances when such a fraudulent document may
becometherootofavalidtitle.Onesuchinstance
is where the certificate of title was already
transferred from the name of the owner to the
forger, and while it remained that way, the land
was subsequently sold to an innocent purchaser.
For then, the vendee had the right to rely upon
what appeared in the certificate. (Fule v. Legare,
G.R.No.L17951,Feb.28,1963)
Q: The Solivels were the registered owners of

parcels of land. Juan, claiming to be their
attorneyinfact passed the title to the real
propertytoaninnocentpurchaserusingaforged
deed of sale. Was the buyer an innocent
purchaserforvalueprotectedbylaw?
A: No. The innocent purchaser for value

protected by law is one who purchases a titled
land by virtue of a deed executed by the
registered owner himself, not on a forged deed.
In order that the holder of a certificate for value
issuedbyvirtueoftheregistrationofavoluntary
instrument may be considered a holder in good
faith for value, the instrument registered should
not be forged. (Solivel v. Francisco, G.R. No.
51450,Feb.10,1989)
Q: Cipriano, one of Pablos heirs, executed an

extrajudicial settlement of a sole heir and
confirmationsales,declaringhimselfastheonly
heir and confirmed the sales made in favor of
thespousesRodolfo.Consequently,acertificate
of title was issued in the name of the spouses,
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who then sold the property to Guaranteed

Homes. Pablos other descendants seek
reconveyance of the property sold to the
spouses alleging that the extrajudicial
settlement was forged. Who is the rightful
owneroftheproperty?
A:GuaranteedHomesistherightfulowner,even
assuming that the extrajudicial settlement was a
forgery.Generallyaforgedorfraudulentdeedisa
nullity and conveys no title. There are, however,
instanceswhensuchafraudulentdocumentmay
become the root of a valid title. One such
instance is where the certificate of title was
already transferred from the name of the true
owner to the forger, and while it remained that
way, the land was subsequently sold to an
innocentpurchaser.Forthen,thevendeehadthe
right to rely upon what appeared in the
certificate.
Also,theextrajudicialsettlementwasrecordedin
the Register of Deeds. Registration in the public
registryisnoticetothewholeworld.(Guaranteed
Homes, Inc. v. Heirs of Valdez, Heirs of Tugade,
Heirs of Gatmin, Hilaria Cobero and Alfredo and
SionyTepol,G.R.No.171531,Jan.30,2009)
II.REGALIANDOCTRINE
A.CONCEPT
Q:WhatisRegaliandoctrine(juraregalia)?
A:Atimehonoredconstitutionalpreceptthatall
lands of the public domain belong to the State,
and that the State is the source of any asserted
right to ownership in land, and charged with the
conservationofsuchpatrimony.
B.EFFECTS
Q: Discuss the application of the Regalian

doctrine.
A:Alllandsnototherwiseappearingtobeclearly
withinprivateownershiparepresumedtobelong
to the State. Incontrovertible evidence must be
shown that the land is alienable or disposable in
ordertoovercomesuchpresumption.
Note:Itdoesnotnegatenativetitletolandsheldin
private ownership since time immemorial. (Cruz v.
Secretary of Environment and Natural Resources,
G.R.No.135385,Dec.6,2000)
CIVILLAWTEAM:

C.CONCEPTOFNATIVETITLE,
TIMEIMMEMORIALPOSSESSION.
Q:Whatisanativetitle?
A:itreferstoapreconquestrightstolandsand
domains which, as far back as memory reaches,
have been held under a claim of private
ownershipbyIndigenousCulturalCommunitiesof
IndigenousPeoples,haveneverbeenpubliclands
andarethusindisputablypresumedtohavebeen
heldthatwaybeforeSpanishconquest.(Agcaoili,
p.124,2008ed)
Q:Whatistimeimmemorialpossession?
A: It refers to a period of time as far back as

memory can go, certain Indigenous Cultural
CommunitiesofIndigenousPeoplesareknownto
have occupied, possessed in the concept of
owner, and utilized a defined territory devolved
to them, by operation of customary law or
inheritedfromtheirancestors,inaccordancewith
their customs and tradition. (Agcaoili, p. 124,
2008ed)
III.CITIZENSHIPREQUIREMENT
Q: Can an alien acquire a private land in the

Philippines?
A:
GR:Analiencannotacquireprivatelands.
XPN:Acquisitionbyaliensisallowedwhen:
Itisthruhereditarysuccession.
Note:Successionislimitedonlyto
intestatesuccession
The alien is a former naturalborn citizen of

the Philippines, provided he only
acquires:
1,000squaremetersurbanland;or
1hectareruralland
Note:Saidlandshouldbeforhisresidence.
Q: Spouses Pinoy and Pinay, both naturalborn

Filipino citizens, purchased property in the
Philippines. However, they sought its
registrationwhentheywerealreadynaturalized
as Canadian citizens. Should the registration de
denied on the ground that they cannot do so,
theybeingforeignnationals?
A:No.Foreignnationalscanapplyforregistration
oftitleoveraparceloflandwhichtheyacquired
bypurchasewhilestillcitizensofthePhilippines,
from a vendor who has complied with the
requirements for registration under the Public
Land Act. (Republic v. CA and Lapina, G.R. No.
108998,Aug.24,1994)
Q: Joe, an alien, invalidly acquired a parcel of

land in the Philippines. He subsequently
transferred it to Jose, a Filipino citizen. What is
thestatusofthetransfer?
A:Ifalandisinvalidlytransferredtoanalienwho
subsequently becomes a Filipino citizen or
transfers it to a Filipino, the flaw in the original
transaction is considered cured and the title of
thetransfereeisrenderedvalid.Sincethebanon
aliens is intended to preserve the nations land
for future generations of Filipinos, that aim is
achievedbymakinglawfultheacquisitionofreal
estate by aliens who became Filipino citizens by
naturalization or those transfers made by aliens
to Filipino citizens. As the property in dispute is
already in the hands of a qualified person, a
Filipino citizen, there would be no more public
policy to be protected. The objective of the
constitutional provision to keep our lands in
Filipino hands has been achieved. (Borromeo v.
Descallar,G.R.No.159310,Feb.24,2009)
Q: If Joe had not transferred it to Jose but he,

himself, was later naturalized as a Filipino
citizen, will his acquisition thereof remain
invalid?
A:No.Ifalandisinvalidlytransferredtoanalien
who subsequently becomes a Filipino citizen or
transfers it to a Filipino, the flaw in the original
transaction is considered cured and the title of
the transferee is rendered valid. (Borromeo v.
Descallar,G.R.No.159310,Feb.24,2009)
Q: Who may not file an application for

registration?
A:PAMP
1. A Public land sales applicant insofar as
thelandcoveredbyhissalesapplication
isconcerned
Reason: He acknowledged that he

is not the owner of the land and
thatthesameisapublicland.
2. An Antichretic creditor cannot acquire

byprescriptionthelandsurrenderedto
himbythedebtor.
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Reason:Hispossessionisnotinthe
conceptofanowner.
3.
4.
AMortgageeorhissuccessorininterest
to the mortgage, notwithstanding the
lapseoftheperiodforthemortgagorto
paytheloansecuredtoredeemit
Reason:Suchactwouldamountto
a pactum commissorium, which is
against good morals and public
policy.
A person or entity whose claim of

ownership to land had been Previously
deniedinareinvindicatoryaction.
Q:Mayacorporationownlands?
A:Itdepends.
Corporation sole can acquire by purchase a
parcel of private agricultural land
without violating the constitutional
prohibitionsinceithasnonationality.
Corporation
PrivateLands
1. At least 60% Filipino (Sec. 7,
Art.XII,1987Constitution)
2. Restricted as to extent
reasonably necessary to
enableittocarryoutpurpose
forwhichitwascreated
3. If engaged in agriculture, it is
restrictedto1,024hectares.
Patrimonial property of the State (Sec.

3,Art.XII,1987Constitution)
1. Lease(cannotownlandofthe
public domain) for 25 years
renewable for another 25
years
2. Limitedto1,000hectares
3. Applies to both Filipinos and
foreigncorporations.
Q:Mayacorporationapplyforregistrationofa
parcelofland?
A: Yes, through lease not exceeding 1,000

hectares.Suchleaseshallnotexceedtwentyfive
(25) years and renewable for not more than
twenty five (25) years. (Sec. 3, Art. XII, 1987
Constitution)
Note:Determinativeofthisissueisthecharacterof
the parcels of land whether they were still public
or already private when the registration
proceedingswerecommenced.
462
Iftheyarealreadyprivatelands,theconstitutional
prohibitionagainstacquisitionsbyaprivate
corporationwouldnotapply.
IV.ORIGINALREGISTRATION
Q:Whatlawsgovernlandregistration?
A:
1. Property Registration Decree (PD 1529,
asamended)
Note: Amended and superseded C.A. No.
496.
2.
3.
4.
5.
6.
CadastralAct(Act2259,asamended)
Public Land Act (CA No. 141,as
amended)
Emancipation Decree (PD 27, as
amended)
ComprehensiveAgrarianReformLawof
1988(R.A.6657)
Indigenous Peoples Rights Act (R.A.
8371)
Q:Whatarethepurposesoflandregistration?
A:To:QUIPCC
1. Quiet title to the land and to stop
forever any question as to the legality
ofsaidtitle;
2. relievelandofUnknownclaims;
3. guarantee the Integrity of land titles
andtoprotecttheirindefeasibilityonce
the claim of ownership is established
andrecognized;
4. give every registered owner complete
Peaceofmind;
5. issue a Certificate of title to the owner
which shall be the best evidence of his
ownershipoftheland;and
6. avoidConflictsoftitleinrealestateand
tofacilitatetransactions.
Q:Whatisoriginalregistration?
A: It is a proceeding brought before the MTC

where there is no controversy or opposition, or
contested lots where the value of which does
notexceedP100,000.00(Sec.4,R.A.7691)orin
the RTC (as a land registration court) when the
value exceeds P100,000 to determine title or
ownershipoflandonthebasisofanapplication
for registration or answer/opposition by a
claimantinacadastralregistration.
CIVILLAWTEAM:

Q: What are the kinds of original registration?
Distinguish.
A:
JUDICIAL/
ADMINISTRATIVE/
VOLUNTARY/
INVOLUNTARY/
ORDINARY
CADASTRAL
3.
Filing with the proper

courtanapplicationby
the private individual
himself
under
PD
1529
(Property Registration
Decree)
under Sec. 48 of CA
141(PublicLandAct)
5.
Compulsory
registrationinitiatedby
the government, to
adjudicate ownership
oflandandinvoluntary
on the part of the
claimants,buttheyare
compelled
to
substantiatetheirclaim
or interest through an
answer.
A.WHOMAYAPPLY
1.UNDERPD1529
Q:Whenisordinaryregistrationproper?
A:Whenpropertyisacquiredby:
1. open, continuous, exclusive, and
notorious
possession
and
occupation of alienable and
disposable lands of public domain
under a bona fide claim of
ownership since June 12,1945 or
earlier(OCENCO);
2. prescription;
3. accessionoraccretion;or
4. anyothermannerprovidedbylaw.
Q: Who may apply for registration in ordinary

registrationproceedings?
A:
1. Those who by themselves or through
their predecessorsininterest have
beeninopen,continuous,exclusive,and
notorious (OCEN) possession and
occupation of alienable and disposable
lands of public domain under a bona
fide claim of ownership since June
12,1945orearlier;
2. Thosewhohaveacquiredownershipof
private lands by prescription under
provisionsofexistinglaws;
4.
Thosewhohaveacquiredownershipof
private lands or abandoned river beds
byrightofaccessionoraccretion;or
Thosewhohaveacquiredownershipof
land by any other manner provided by
law.
Where the land is owned in common,

all the coowners shall file the
applicationjointly.(Sec.14,PD1529)
Q:Mayprivatecorporationsholdalienablelands
ofpublicdomain?
A: No. The word persons refers to natural

persons who are citizens of the Philippines.
Juridicalorartificialpersonsareexcluded. Sec.3,
Art.XIIofthe1987Constitution prohibits private
corporations or associations from holding
alienable lands of the public domain except by
lease.
Q:Noynoy,Erap,MannyandGiboarecoowners
ofaparcelofland.MayMannyseekregistration
inhisnameofthelandinitsentirety?
A:Sinceacoownercannotbeconsideredatrue
owner of a specific portion until division or
partitioniseffected,hecannotfileanapplication
forregistrationofthewholeareawithoutjoining
thecoownersasapplicants.(Agcaoilireviewer,p.
19,2008ed)
Q:Whomayapplyforregistrationofaland
subjecttoa:
1.Pactoderetrosale?
GR: Vendor a retro may apply for

registration.
XPN:Vendeearetro,shouldtheperiod
forredemptionexpireduringpendency
of registration proceedings and
ownership to property is consolidated
invendeearetro.
Note: Pacto de retro sale refers to a sale

withrighttorepurchase.
2.Trust?
GR:Trusteemayapplyforregistration.
XPN: Unless prohibited by the

instrumentcreatingthetrust.
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Note: Trusteeship or trust is a fiduciary

relationship with respect to property
which involves the existence of equitable
duties imposed upon the holder of the
titletothepropertytodealwithitforthe
benefitofanother
3.Reservatroncal?
Reservor has the right to apply for

registration but the reservable
character of the property will be
annotatedinthetitle.
Note: In reserva troncal the ascendant

who inherits from his descendant any
property which the latter may have
acquired by gratuitous title from another
ascendant, or a brother or sister, is
obliged to reserve such property as he
mayhaveacquiredbyoperationoflawfor
thebenefitofrelativeswhoarewithinthe
third degree and who belong to the line
fromwhichsaidpropertycame.
2.UNDERCA141
Q: Who may apply for registration under the

PublicLandActorCANo.141?
A: Those who by themselves or through their

predecessorsininterest have been in open,
continuous, exclusive and notorious possession
and occupation of alienable and disposable
agricultural lands of the public domain, under a
bonafideclaimofacquisitionorownership,since
June12,1945,exceptwhenpreventedbywarsor
forcemajeure.
Note:Thefollowingconditionsmustconcurinorder
that the benefits of the Public Land Act on the
confirmationofimperfectorincompletetitlemaybe
availedof:
1. theapplicantmustbeaFilipinocitizen;
2. he must have, by himself or through his
predecessorsininterest, possessed and
occupied an alienable and disposable
agriculturalportionofthepublicdomain;
3. such possession and occupation must
have been open, continuous, exclusive,
notorious and in the concept of owner,
sinceJune,12,1945;and
4. the application must be filed with the
propercourt.
464
Q: When is a person deemed to possess an

imperfecttitleoverproperty?
A: When the applicant for confirmation of

imperfect title has shown possession and
occupationthatis:(OCENI)
1. open,
2. continuous,
3. exclusiveand
4. notorious
5. intheconceptofanowner
Q: What is the effect of possession of an

imperfecttitle?
A: When the conditions set by law are complied

with, the possessor of the land, by operation of
law, acquires a right to government grant,
without the necessity of a certificate of the title
beingissued.
Q: In 1913, Gov. Gen. Forbes reserved for

provincialparkpurposesaparceloflandwhich,
sometime thereafter, the court ordered
registeredinPalomosname.In1954,thenPres.
MagsaysayconvertedthelandintotheTiwiHot
SpringNationalPark,underthemanagementof
theBureauofForestDevelopment.Theareawas
never released as alienable or disposable. The
Palomos, however, continued to possess the
said property, had introduced improvements
therein as well as paid real estate taxes. The
Republicnowseeksthecancellationofthetitles
overthesubjectland.Shouldthecancellationbe
granted?
A:Yes.Theadversepossessionwhichmaybethe
basis of a grant of title in confirmation of
imperfect title cases applies only to alienable
lands of the public domain. There is no question
that the lands in the case at bar were not
alienablelandsofthepublicdomain.Therecords
showthatsuchwereneverdeclaredasalienable
and disposable and subject to private alienation
priorto1913uptothepresent.(Sps.Palomo,et.
al.,v.CA,et.al.,G.R.No.95608,Jan.21,1997)
Q:Bracewellassertsthathehasarightoftitleto
a parcel of land having been, by himself and
through his predecessorsininterest, in xxx
occupation xxx under a bona fide claim of
ownership since 1908. The land has been
classifiedasalienableordisposableonlyonMay
27, 1972. May his application for confirmation
ofimperfecttitlebegranted?
A:No.Thelandwasonlyclassifiedasalienableor
disposable on May 27, 1972. Prior to said date,
CIVILLAWTEAM:

when the subject parcels of land were classified
as inalienable or not disposable, the same could
not be the subject of confirmation of imperfect
title. There can be no imperfect title to be
confirmed over lands not yet classified as
disposable or alienable. In the absence of such
classification,thelandremainsunclassifiedpublic
land until released and opened to disposition.
Indeed, it has been held that the rules on the
confirmation of imperfect title do not apply
unless and until the land classified as forest land
is released in an official proclamation to that
effect so that it may form part of the disposable
agriculturallandsofthepublicdomain.(Bracewell
v.CA,G.R.No.107427,Jan.25,2000)
Q: In an application for judicial confirmation of

imperfect title filed by Naguit, the OSG argues
that the property xxx must first be alienable.
Since the subject land was declared alienable
onlyon1980,Naguitcouldnothavemaintained
a bona fide claim of ownership since June 12,
1945, as required by Section 14 of the Property
RegistrationDecree,sincepriorto1980,theland
was not alienable or disposable. Is it necessary
underSection14(1)ofthePropertyRegistration
Decree (now Sec. 48 (b) of the Public Land Act)
that the subject land be first classified as
alienable and disposable before the applicants
possessionunderabonafideclaimofownership
couldstart?
A:No.Section14(1)merelyrequirestheproperty
sought to be registered as already alienable and
disposable at the time the application for
registration of title is filed. If the State, at the
timetheapplicationismade,hasnotyetdeemed
itpropertoreleasethepropertyforalienationor
disposition, the presumption is that the
government is still reserving the right to utilize
the property; hence, the need to preserve its
ownership in the State irrespective of the length
of adverse possession even if in good faith.
However, if the property has already been
classified as alienable and disposable, as it is in
this case, then there is already an intention on
the part of the State to abdicate its exclusive
prerogative over the property. (Republic v. CA
andNaguit,G.R.No.144057,Jan.17,2005)
Note: This case is distinguishable from Bracewell v.

CA, where the claimant had been in possession of
the land since 1908 and had filed his application in
1963, or nine (9) years before the property was
declared alienable and disposable in 1972. Hence,
registrationwasdenied.TheBracewellrulingwillnot
applyinthiscasebecausehere,theapplicationwas
madeyearsafterthepropertyhadbeencertifiedas
alienableanddisposable.
A different rule obtains for forest lands, such as

thosewhichformpartofareservationforprovincial
parkpurposes thepossessionofwhichcannotripen
intoownership.Itiselementaryinthelawgoverning
naturalresourcesthatforestlandcannotbeowned
by private persons. As held in Palomo v. CA, forest
land is not registrable and possession thereof, no
matter how lengthy, cannot convert it into private
property, unless such lands are reclassified and
considered disposable and alienable. Inthe caseat
bar, the property in question was undisputedly
classified as disposable and alienable; hence, the
rulinginPalomoisinapplicable.
Q:Whomayapplyforjudicialconfirmation?
A:
1. Filipino citizens who by themselves or
through their predecessorsininterest
have been in open, continuous,
exclusive and notorious possession and
occupation of alienable and disposable
lands of public domain under a bona
fide claim of acquisition since June 12,
1945 or prior thereto or since time
immemorial;
2. Filipino citizens who by themselves or

their predecessorsininterest have
been,priortotheeffectivityofPD1073
on January 25, 1977, in open,
continuous, exclusive and notorious
possession and occupation of
agricultural lands of the public domain
underabonafideclaimofacquisitionor
ownership for at least 30 years, or at
leastsinceJanuary24,1947;
3. Private domestic corporations or

associations which had acquired lands
from Filipino citizens who had
possessedthesameinthemannerand
for the length of time indicated in
paragraphs1&2above;or
4. Naturalborn citizens of the Philippines

whohavelosttheircitizenshipandwho
has the legal capacity to enter into a
contractunderPhilippinelawsmaybea
transferee of private land up to a
maximumareof5,000sq.m.,incaseof
urban land, or 3 hectares in case of
rural land to be used by him for
businessorotherpurposes.
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Q: What must an applicant for judicial

confirmationprove?
A:
1. That the land is alienable and
disposablelandofpublicdomain;and
2. That they have been in open,

continuous, exclusive, and notorious
possession and occupation of the land
for the length of time and in the
mannerandconceptprovidedbylaw.
Note:ExtendedperiodforfilingofapplicationSec.
1, R.A. 9176 provides in part that, The time to be
fixed in the entire archipelago for the filing of
applications shall not extend beyond December 31,
2020. Provided that the area applied for does not
exceed12hectares.
Q: Doldol occupied a portion of land for 32

years, since 1959, which was reserved by Pres.
Aquinoasaschoolsite.Inviewofhisrefusalto
vacate, the school filed a complaint for accion
possessoria. Who has a better right over the
landindispute?
A: The school has a better right. Doldol has no

imperfecttitleoverthelandbecausehefailedto
meet the requirements provided for under Sec.
48(b)ofCANo.141,asamendedbyPD1073,viz:
Those who by themselves or through their

predecessorsininteresthavebeeninopen,
continuous, exclusive and notorious
possession and occupation of agricultural
lands of the public domain, under a bona
fideclaimofacquisitionorownership,since
June 12, 1945, or earlier, immediately
preceding the filing of the application for
confirmation of title, except when
preventedbywarsorforcemajeure.
While the land is classified as an alienable and

disposable tract of public land, thus meeting the
firstrequirement,Doldolcouldnothaveacquired
an imperfect title to the disputed lot since his
occupationstartedonlyin1959,muchlaterthan
June 12, 1945. Not having complied with the
conditions set by law, Doldol cannot be said to
haveacquiredarighttothelandinquestionasto
segregate the same from the public domain.
Doldol cannot, therefore, assert a right superior
to the school. (Republic v. Doldol, G.R. No.
132963,Sept.10,1998)
466
3.UNDERRA8371
Q: What law governs the ownership and

disposition of ancestral lands and ancestral
domains?
A: RA 8371 of the Indigenous Peoples Rights Act

of 1997 (IPRA) which was enacted October 29,
1997. The IPRA is a law dealing with a specific
group of peoples, ie., the Indigenous cultural
communitiesortheindigenouspeoples.Thelaw
allows indigenous peoples to obtain recognition
of their right of ownership over ancestral lands
andancestraldomainsbyvirtueofnativetitle.
B.REGISTRATIONPROCESSANDREQUIREMENTS
Q:Whatarethemodesofregisteringlandtitles?
A:Therearetwomodes:
1. Original registration proceedings
under the Property Registration
Decree(PD1529),and
2. Confirmation of imperfect or
incomplete title under Section
48(b) of the Public Land Act, as
amended.
Q: What are the steps or requisites in ordinary

registration
proceedings
and
judicial
confirmationofimperfecttitle?
A:SASTPSAHPIEST
1. Survey of land by Bureau of Lands
or any duly licensed private
surveyor
for
2. Filing
of
Application
registrationbyapplicant
3. Settingofdateforinitialhearingby
thecourt
4. Transmittalofapplicationanddate
of initial hearing together w/ all
documents or other pieces of
evidenceattachedtheretobyclerk
ofcourttoNationalLandTitlesand
Deeds Registration Administration
(NALTDRA)
5. Publication of notice of filing of
application and date and place of
hearing
6. Service of notice by sheriff upon
contiguous owners, occupants and
those known to have interest in
theproperty
7. Filing of Answer or opposition to
the application by any person
whether named in the notice or
not
CIVILLAWTEAM:

8. Hearingofcasebycourt
9. Promulgationofjudgmentbycourt
10. Issuance of a decree by court
declaring the decision final, and
instructingtheNALDTRAtoissuea
decree of confirmation and
registration
11. Entry of decree of registration in
NALDTRA
12. Sending of copy of the decree of
registrationtocorrespondingRD
13. Transcription of decree of
registration in the registration
book and issuance of owners
duplicateoriginalcertificateoftitle
(OCT) of applicant by RD, upon
paymentofprescribedfees
Note: After judgment has become final and

executory, the issuance of decree and OCT is
ministerial on the part of LRA and RD. (Aquino, p.
1415; Agcaoili, Registration Decree and Related

Laws,p.182183)
Q: Are the Rules of Court applicable in land

registrationproceedings?
A: The Rules of Court could be applied in land

registrationproceedingsinasuppletorycharacter
orwheneverpracticableorconvenient.
Note:Motiontointerveneinalandregistrationcase
isnotallowed.
1.APPLICATION
FORMANDCONTENTS
Q: What is the form of the application for

registrationorjudicialconfirmation?
A:
Inwriting;
1. Signed by the applicant or person
dulyauthorizedinhisbehalf;
2. Sworn to before an officer

authorized to administer an oath
for the province or city where the
application was actually signed;
and
3. If there is more than 1 applicant,

they shall be signed and sworn to
byandinbehalfofeach.
Q:Whatarethecontentsoftheapplication?
A:DCAMEFARN
1. Description of the land applied for
together with the buildings and
improvements; the plan approved by
Director of Lands and the technical
descriptionsmustbeattached
2. Citizenship and civil status of the

applicant
a. Ifmarried,nameofspouse
b. If the marriage has been
legally dissolved, when and
how the marriage relation
wasterminated
3. Assessed value of the land and the

buildings and other improvements
based on the last assessment for
taxationpurposes
4. Mannerofacquisitionofland
5. MortgageorEncumbranceaffectingthe
land or names of other persons who
may have an interest therein, legal or
equitable
6. The court may require Facts to be

stated in the application in addition to
those prescribed by the Decree not
inconsistenttherewithandmayrequire
thefilingofadditionalpapers
7. Full names and addresses of All

occupants of the land and those of the
adjoining owners, if known, and if not
known, the applicant shall state the
extentofthesearchmadetofindthem
8. If the application describes the land as

bounded by a public or private way or
Road, it shall state whether or not the
applicantclaimsanyportionoftheland
withinthelimitsofthewayorroad,and
whether the applicant desires to have
thelineofwayorroaddetermined
9. IftheapplicantisaNonresidentofthe
Philippines, he shall file an instrument
appointing an agent residing in the
Philippines and shall agree that service
ofanylegalprocessshallbeofthesame
legal effect as if made upon the
applicantwithinthePhilippines(Sec.16,
PD1529)
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Q: What documents must accompany the

application?
A:Allmunimentsoftitlesandcopiesthereofwith
survey plan approved by Bureau of Lands must
accompanytheapplication.
Q:Whataremunimentsoftitle?
A: They are instruments or written evidence

which the applicant holds/possesses to enable
himtosubstantiateandprovetitletohisestate.
Q: If whatis sought tobe registered are twoor

more parcels of land, must the applicant file
separateapplicationsforeach?
A: Generally, yes. However, an application may

include two or more parcels of land as long as
they are situated within the same province or
city.
WHEREFILED
Q:Whereshalltheapplicationbefiled?
A:Iftheapplicationcoversasingleparcelofland
situatedwithin:
1. onlyonecityorprovince:
RTCorMTC,asthecasemaybe,ofthe
province or city where the land is
situated.
2. twoormoreprovincesorcities:
a. Whenboundariesarenotdefined
in the RTC or MTC of the place
where it is declared for taxation
purposes.
b. When boundaries are defined
separate plan for each portion
mustbemadebyasurveyoranda
separate application for each lot
mustbefiledwiththeappropriate
RTCorMTC.
Note: MeTC, MCTC, and MTC has jurisdiction to

decide cadastral and land registration cases,
provided:
1. There is no controversy or opposition
(uncontestedlots);or
2. Value of contested lots does not exceed
P100,000(Sec.4,R.A.7691)
Inothercases,theRTChasjurisdiction.
JurisdictionoftheMTCswasdelegatedthroughthe
JudiciaryReorganizationActof1980(R.A.7691).
468
IncasesofdelegatedjurisdictiontotheMTC,appeal
isdirectedtothe CA. (Sec. 34, BP 129, as amended
bySec.4,R.A.7691)
Q: Does the RTC acting as a land registration

courthavegeneralorlimitedjurisdiction?
A: Sec. 2 of P.D. No. 1529 has eliminated the

distinction between the general and the limited
jurisdiction of the registration court. All
conflictingclaimsofownershipandinterestinthe
land, and related issues submitted to the court
withorwithouttheunanimityoftheparties,may
now be heard and resolved by the court. The
court is now authorized to hear and decide not
only noncontroversial cases but even
contentious issues which used to be beyond its
competence.(AgcaoiliReviewer,p.157158)
AMENDMENTOFTHEAPPLICATION
Q:Whenmayanamendmentoftheapplication
behad?
A: Amendments to the application including

joinder, substitution, or discontinuance as to the
partiesmaybeallowedbythecourtatanystage
of the proceedings upon just and reasonable
terms.(Sec.19,PD1529)
Q:Whomayorderthatanamendmentbedone?
A:Thecourtmayatanytime,orderanapplication
to be amended by striking out one or more
parcelsoflandorbyseveranceoftheapplication.
(Sec.18,PD1529)
Q: What are the requirements in amending the

application?
A:
Publication
1. Mailing of notice Within 7 days after

publicationofsaidnoticeintheOGto:
a. Personsnamedinthenotice
b. Secretary of Public Highways,
Provincial Governor, and Mayor, if
theapplicantrequeststohavethe
line of a public way or road
determined
c. Secretary of Agrarian Reform,
Solicitor General, Director of
Lands, Director of Fisheries, and
Director of Mines, if the land
borders on a river, navigable
stream, or shore, or on an arm of
theseawhereariverorharborlies
CIVILLAWTEAM:

d.
b.
Other persons as the court may

deemproper
Note: Service of notice upon

contiguous owners is indispensable
and lack of service constitutes
extrinsicfraud.
c.
Posting In conspicuous place on

subject land and on bulletin board of
the municipal building for at least
fourteen (14) days before the initial
hearing.
Q:Ispublicationandnoticenecessaryincasethe
applicationisamended?
A:Publicationandnoticearenecessarywherethe
amendmenttotheapplicationconsistsin:SIA
1. Substantialchangeintheboundaries
2. Increaseintheareaofthelandapplied
for
3. TheinclusionofAdditionalland
Note: If amendment includes a parcel of

land not previously included in the
application as published, a new
publication of the amended application
mustbemade(Inclusion).
Withoutsuchpublication,theregistration
court cannot acquirejurisdictionover the
areathatisadded.
Q:Whenispublicationnotnecessaryincasethe
applicationisamended?
A:
1. If the amendment consists in the
exclusion of a portion of the area
covered by the original application and
the original plan as previously
published, a new publication is not
necessary(Exclusion).
Note: In this case, the jurisdiction of the

courtisnotaffectedbythefailureoffiling
anewapplication.
2.
Amendments to the application

including joinder, substitution or
discontinuanceastotheparties.
a.
Joindermeansjoiningoftwoormore
defendantsorplaintiffsinvolvedina
single claim, or where two or more
claims or remedies can be disposed
ofinthesamelegalproceedings.
3.
Substitution means the replacement

of one of the parties in a lawsuit
because of events that prevent the
partyfromcontinuingwiththetrial.
Discontinuance means the voluntary

terminationoflitigationbyaplaintiff
who has elected not to pursue it or
by both parties pursuant to a
settlement.
Note: This may be allowed by the

courtatanystageoftheproceedings
uponjustandequitableterms.
Anamendmentduetochangeofname
oftheapplicant.
2.PUBLICATIONOFNOTICEOFFILINGOF
APPLICATIONANDDATEANDPLACEOF
HEARING
Q: What are the purposes of the publication

requirement for notice of the filing of the
applicationandthedateandplaceofhearing?
A:To:
1. chargethewholeworldwithknowledge
of the application of the land involved,
andinvitethemtotakepartinthecase
and assert and prove their rights over
thesubjectland;and
2. conferjurisdictionoverthelandapplied
foruponthecourt.
Note: The settled rule is that once the registration

courthadacquiredjurisdictionoveracertainparcel,
orparcelsoflandintheregistrationproceedingsby
virtue of the publication of the application, that
jurisdictionattachestothelandorlandsmentioned
anddescribedintheapplication.
Q: May publication of the notice of filing of

application and date and place of hearing be
dispensedwith?
A: No. Publication of the notice of filing of

application and date and place of hearing is
mandatory.
Q:Wheremustthesaidnoticebepublished?
A:
1. Once in the Official Gazette (OG) this
confersjurisdictionuponthecourt;and
2. Once in a newspaper of general
circulation
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Note:PublicationintheOfficialGazetteissufficient
to confer jurisdiction upon the court. (Sec. 23, P.D.
1529)
DEFECTIVEPUBLICATION
Q:Whenispublicationdefective?
A:Thereisadefectivepublicationinthefollowing
instances:
1. Where what was published in the
Official Gazette is the description of a
bigger lot which includes the lands
subjectofregistration.
Reasons:
a. Sec. 15, PD 1529 requires thatthe
application for registration should
containthedescriptionoftheland
subject of registration and this is
thedescriptiontobepublished;
b. It is the publication of specific
boundaries of lands to be
registered that would actually put
the interested parties on notice of
the registration proceedings and
enable them, if they have rights
and interests in the property, to
show why the application for
registrationshouldnotbegranted;
c. Theadjoiningownersofthebigger
lotwouldnotbethesameowners
of the smaller lots subject of
registration. Hence, notice to
adjoining owners of the bigger lot
is not notice to those of the
smallerlots.
2. Where the actual publication of the

notice of initial hearing was after the
hearingitself.
Q:Whatistheeffectofadefectivepublication?
A:Itdeprivesthecourtofjurisdiction.
GR: If it is later shown that the decree of

registration had included land or lands not
included in the publication, then the
registration proceedings and the decree of
registration must be declared null and void
but only insofar as the land not included in
the publication concerned. But the
proceedings and the decree of registration,
relatingtothelandsthatwereincludedinthe
publication,arevalid.
XPN: However, if the difference is not as

substantialaswouldaffecttheidentityofthe
470
land, failure to publish the bigger area

(insubstantial inclusion) does not perforce
affectthecourtsjurisdiction.
3.OPPOSITION
Q: What are the requisites for a valid

opposition?
A:
1. Setforthobjectionstotheapplication;
2. Stateinterestclaimedbyoppositor;
3. Applyfortheremedydesired;and
4. Signedandsworntobyhimorbysome
otherdulyauthorizedperson.
Note: The opposition partakes of the nature of an

answerwithacounterclaim.
Q: Who may be an oppositor to the application

forregistrationorjudicialconfirmation?
A: Any person whether named in the notice or

not,provided,hisclaimofinterestintheproperty
applied for is based on a right of dominion or
some other real right independent of, and not
subordinateto,therightsofthegovernment.
Q: Who may be proper oppositors in specific

cases?
A:Thefollowingmaybeproperoppositors:
1. A homesteader who has not yet been
issued his title but who had fulfilled all
theconditionsrequiredbylawtoentitle
himtoapatent.
2. A purchaser of friar land before the
issuanceofthepatenttohim.
3. Persons who claim to be in possession
of a tract of public land and have
appliedwiththeBureauofLandsforits
purchase.
4. TheGovernmentrelativetotherightof
foreshore lessees of public land as the
lattersrightsisnotbasedondominion
orrealrightindependentoftherightof
thegovernment.
Q: May a private person oppose registration on

thegroundthatthelandsoughttoberegistered
isownedbythegovernment?
A: No. A private person may not oppose an

applicationforregistrationonthegroundthatthe
landappliedforisapropertyofthegovernment.
(Agcaoili,p.172,2006)
CIVILLAWTEAM:

Q: Should an oppositor have title over the
disputedland?
A: No. The oppositor need not show title in

himself; he should however appear to have
interestintheproperty.(Agcaoili,p.171,2006)
Q: Should an oppositors interest over the land

belegalormayitbemerelyequitable?
A: It is immaterial whether his interest is in the

character of legal owner or is of a purely
equitablenatureaswhereheisabeneficiaryofa
trust.
ABSENCEOFOPPOSITIONORFAILURETO
OPPOSEDEFAULT
Q:Whenmayapersonbedeclaredindefaultin
landregistrationproceedings?
A:Apersonmaybedeclaredindefaultifhefails
tofileanopposition.
Q:Whatistheeffectoffailuretooppose?
A:OrderofdefaultThecourtshall,uponmotion
of the applicant, no reason to the contrary
appearing, order a default to be recorded and
requireapplicanttopresentevidence.
Q:Ajudgedeclaredindefaultanoppositorwho
had already filed with the court an opposition
based on substantial grounds for his failure to
appear at the initial hearing of the application
for registration. Is the default order proper? If
not,whatishisremedy?
A:No,itisnot.Failureoftheoppositortoappear
attheinitialhearingisnotagroundfordefault.In
whichcase,hisproperremedyistofileapetition
for certiorari to contest the illegal declaration or
orderofdefault,notanappeal.(Agcaoili,p.175,
2006)
Q: What is the effect of an order of default in

A:Adefaultorderinlandregistrationproceedings
is entered against the whole world, so that all
persons, except only the parties who had
appeared and filed pleadings in the case, are
boundbysaidorder.
Q: What is the effect of the absence of an

opposition as regards allegations in the
application?
A:Whenthereisnoopposition,allallegationsin
theapplicationaredeemedconfessedonthepart
oftheopponent.
Q: What if a certificate of title was issued

covering nonregistrable lands without the
government opposing such, is the government
estoppedfromquestioningthesame?
A: The government cannot be estopped from

questioning the validity of the certificates of
title, which were granted without opposition
from the government. The principle of estoppel
doesnotoperateagainstthegovernmentforthe
actsofitsagents.
Q: If an order of general default is issued, may

thecourtautomaticallygranttheapplication?
A: No. Even in the absence of an adverse claim,

theapplicantstillhastoprovethathepossesses
all the qualifications and none of the
disqualifications to obtain the title. If he fails to
do so, his application will not be granted.
(AgcaoiliReviewer,p.174,2008)
Q: What is the remedy of a person who was

declaredindefaultbythecourt?
A:
1. Motion to set aside default order A
defaulted interested person may gain
standing in court by filing such motion
at any time after notice thereof and
beforejudgment,uponpropershowing
that:
a. hisfailuretoanswer(orfilean
oppositionasinordinaryland
registration case) was due to:
FAME:
i. Fraud
ii. Accident
iii. Mistake
iv. ExcusableNeglect
b. andthathehasameritorious
defense.(Sec.3,Rule9,Rules
ofCourt)
2. Petition for Certiorari Failure of the

oppositor to appear at the initial
hearing is not a ground for default. In
whichcase,hisproperremedyistofile
a petition for certiorari not later than
sixty(60)daysfromnoticeofjudgment,
orderorresolutiontocontesttheillegal
declaration or order of default, not an
appeal.(Sec.4,Rule65,RulesofCourt)
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Note: The petition shall be filed not later

than 60days from noticeof theorder. In
caseamotionforreconsiderationornew
trialistimelyfiled,whethersuchmotionis
requiredornot,thepetitionshallbefiled
not later than 60 days counted from the
noticeofthedenialofthemotion.(Sec.4,
Rule65,RulesofCourt)
4.EVIDENCE
Q:Whatmusttheapplicantforlandregistration
prove?
A:Theapplicantmustprove:DIP
1. Declassification That the land applied
forhasbeendeclassifiedandisapublic
agricultural land, alienable and
disposable or otherwise capable of
registration;
2. Identityoftheland;and
3. Possession and occupation of the land
for the length of time and in the
mannerrequiredbylaw.
EVIDENCEOFDECLASSIFICATION
Q: What may constitute sufficient proof to

establish declassification of land from forest to
alienableordisposable,oragricultural?
A:POEMCIL
1. Presidentialproclamation
2. Administrative Order issued by the
Secretary of Environment and Natural
Resources
3. Executiveorder
4. Bureau of Forest Development (BFD)
LandClassificationMap
5. CertificationbytheDirectorofForestry,
andreportsofDistrictForester
6. InvestigationreportsofBureauofLands
investigator
7. Legislativeact,orbystatute(Aquino,p.
63,2007ed)
Q: The Cenizas applied for registration of their

title over a parcel of public land which they
inherited. Without presenting proof that the
land in question is classified as alienable or
disposable, the court granted the application,
holding that mere possession for a period as
provided for by law would automaticallyentitle
thepossessortherighttoregisterpubliclandin
hisname.Wasthecourtrulingcorrect?
A: No. Mere possession for a period required by

lawisnotenough.Theapplicanthastoestablish
firstthedisposableandalienablecharacterofthe
472
publicland,otherwise,publiclands,regardlessof
their classification, can be subject of registration
of private titles, as long as the applicant shows
that he meets the required years of possession.
The applicant must establish the existence of a
positive act of the government, such as a
presidential proclamation or an executive order;
administrativeaction;reportsofBureauofLands
investigators and a legislative act or a statute.
(Republic v. Ceniza, G.R. No. 127060, Nov. 19,
2002)
EVIDENCEOFIDENTITYOFTHELAND
Q: What may be presented as proof of the

identityofthelandsoughttoberegistered?
2
A:ST D
1. Surveyplaningeneral
2. Tracingclothplanandblueprintcopies
ofplan
3. Technicaldescriptionoftheland
4. TaxDeclarations
Q: In an application for judicial confirmation of

imperfect title, is submission of the original
tracingclothplanmandatory?
A: Yes. The Supreme Court declared that the

submissionofthetracingclothplanisastatutory
requirementofmandatorycharacter.Theplanof
thelandmustbedulyapprovedbytheDirectorof
Lands, otherwise the same have no probative
value. (Director of Lands v. Reyes, G.R. No. L
27594,Nov.28,1975)
Note: However, under LRA Circular 052000, only a

certifiedcopyoftheoriginaltracingclothplanneed
be forwarded to the LRA (Agcaoili, Reviewer in
propertyregistrationandrelatedproceedings,p.52,
2008ed)
Although mere blue print copies were presented in

courtasevidence,theoriginaltracingclothplanwas
attachedtotheapplicationforregistrationandwas
available to the court for comparison. Hence, the
approvalofregistrationwasproper(Republicv.IAC,
G.R.No.L70594,Oct.10,1986)
Q: In case of conflict between areas and

boundaries,whichprevails?
A:
GR:Boundariesprevailoverarea.
XPNs:
Boundaries relied upon do not identify land
beyonddoubt.
CIVILLAWTEAM:

Boundaries given in the registration plan do
not coincide with outer boundaries of
the land covered and described in the
munimentsoftitle.
EVIDENCEOFPOSSESSIONANDOCCUPATION
Q:Whatmayconstituteproofofpossession?
A:Toprovepossession,itisnotenoughtosimply
declare ones possession and that of the
applicantspredecessorsininteresttohavebeen
adverse, continuous, open, public, peaceful and
inconceptofownerfortherequirednumberof
years.Theapplicantshouldpresentspecificfacts
to show such nature of possession because bare
allegations, without more, do not amount to
preponderant evidence that would shift the
burden to the oppositor. (Diaz v. Republic, G.R.
No.141031,Aug.31,2004)
Q: What are some specific overt acts of

possession which may substantiate a claim of
ownership?
A:
1. Introducing valuable improvements on
thepropertylikefruitbearingtrees;
2. Fencingthearea;
3. Constructing a residential house
thereon;or
4. Declaring the same for taxation
purposes.
Note: Evidence to beadmissiblemust, however,be

credible, substantial and satisfactory (Agcaoili
Q:Whatareinsufficientproofsofpossession?
A:COF3T
1. Mere Casual cultivation of portions of
thelandbyclaimant.
Reason:Possessionisnotexclusiveand
notorious so as to give rise to a
presumptivegrantfromtheState.
2. PossessionofOtherpersonsintheland
applied for impugns the exclusive
qualityoftheapplicantspossession.
3. Mere failure of Fiscal representing the

Statetocrossexaminetheapplicanton
theclaimedpossession.
4. Tax declaration of land sought to be

registered which is not in the name of
5.
applicant but in the name of the

deceasedparentsofanoppositor.
Reason: Possession of applicant is not

completely adverse or open, nor is it
trulyintheconceptofanowner.
Holding of property by mere Tolerance

oftheowner.
Reason:Holder isnotintheconceptof
owner and possessory acts no matter
howlongdonotstarttherunningofthe
periodofprescription.
5.
Where applicants Tacked their

possessiontothatoftheirpredecessor
ininterestbuttheydidnotpresenthim
as witness or when no proofs of what
acts of ownership and cultivation were
performedbythepredecessor.
Q:MauricioandCarmencitatestifiedtoestablish
their claim over the subject lots. When the
application was granted, the OSG appealed,
arguing that weight should not be given to the
selfservingtestimoniesofthetwo;thattheirtax
declaration is not sufficient proof that they and
their parents have been in possession of the
property for at least thirty years, said tax
declarationbeingonlyfortheyear1994andthe
propertytaxreceiptspresentedbythemwereall
of recent dates. Are the said pieces of evidence
sufficient to establish actual possession of land
for the period required by law thus warranting
thegrantoftheapplication?
A: No. Their bare assertions of possession and

occupation by their predecessorsininterest are
hardly "the wellnigh incontrovertible" evidence
required in cases of this nature. Proof of specific
acts of ownership must be presented to
substantiate their claim. They cannot just offer
general statements which are mere conclusions
oflawthanfactualevidenceofpossession.
The law speaks of possession and occupation.

Possessionisbroaderthanoccupationbecauseit
includes constructive possession. When,
therefore, the law adds the word occupation, it
seeks to delimit the all encompassing effect of
constructivepossession.Takentogetherwiththe
wordsopen,continuous,exclusiveandnotorious,
the word occupation serves to highlight the fact
that for an applicant to qualify, his possession
mustnotbeamerefiction.
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Actual possession of a land consists in the

manifestationofactsofdominionoveritofsuch
anatureasapartywouldnaturallyexerciseover
hisownproperty.(Republicv.Alconaba,G.R.No.
155012,Apr.14,2004)
Note: Wellnigh incontrovertible evidence refers

tothedegreeofproofofregistrablerightsrequired
bylawinregistrationproceedings.
Q: Are tax declarations presented by them

sufficientproofofpossessionandoccupationfor
therequisitenumberofyears?
A: No. The records reveal that the subject

property was declared for taxation purposes by
the respondents only for the year 1994. While
belated declaration of a property for taxation
purposes does not necessarily negate the fact of
possession, tax declarations or realty tax
payments of property are, nevertheless, good
indicia of possession in the concept of an owner,
fornooneinhisrightmindwouldbepayingtaxes
forapropertythatisnotinhisactualor,atleast,
constructive possession. (Republic v. Alconaba,
G.R.No.155012,Apr.14,2004)
EVIDENCEOFPRIVATEOWNERSHIP
Q: What are the proofs of private ownership of

land?
A:STOP
1. Spanishtitle,impendingcases.
Note: However, Spanish titles are now

inadmissible and ineffective as proof of
ownership
in
land
registration
proceedingsfiledafterAug.16,1976.Itis
mere indicia of a claimof ownership that
the holder has a claim of title over the
property.
2.
Taxdeclarationandtaxpayments.
Note: While tax declarations and real

estate tax receipts are not conclusive
evidence of ownership, if presented as
documentaryevidencecoupledwithproof
actual possession for the period required
bylawoftheland,theyaregoodevidence
ofownership.
Even if belatedly declared for taxation

purposes, it does not negate possession
especially if there is no other claimant of
theland.
Mere failure of the owner of the land to

pay the realty tax does not warrant a
474
conclusion that there was abandonment

ofhisrighttotheproperty.
3.
Otherkindsofproof.
E.g.Testimonialevidence(i.e.accretion
isonalandadjacenttoariver).
Note: Any evidence that accretion was

formed through human intervention
negatestheclaim.
4.
Presidential issuances and legislative

acts.
Note: It is constitutive of a fee simple

title or absolute title in favor of the
grantee.
Q:Aretaxdeclarationsorpaymentofrealtytax
conclusiveevidenceofownership?
A: No. Tax declarations or realty tax payment of

property are not conclusive evidence of
ownership. However, they are good indicia of
possessionintheconceptofanowner,fornoone
in his right mind would be paying taxes for a
property that is not in his actual or at least
constructive possession. They constitute at least
proofthattheholderhasaclaimoftitleoverthe
property.
Note: The voluntary declaration of a piece of

property for taxation purposes manifests not only
onessincereandhonestdesiretoobtaintitletothe
property and announces his adverse claim against
the State and all other interested parties, but also
the intention to contribute needed revenues to the
Government. Such an act strengthens ones bona
fide claim of acquisition of ownership. (Agcaoili,
Reviewer in property registration and related
proceedings,p.155,2008ed;Aquino,p.7576)
Q: Agustin executed an Affidavit of Transfer of

RealPropertywhereDucatistoperformallthe
necessary procedures for the registration and
acquisition of title over several parcels of land
possessed and occupied by Agustin. Before
Ducat was able to accomplish his task, Agustin
died and Bernardo administered theproperties.
Ducat then filed an Application for Free Patent
overtheland,whichwasgranted.Theparcelsof
landwereregisteredinthenamesofDucatand
Kiong. The heirs of Bernardo sought the
reconveyanceof theland withdamagesbut did
notquestiontheauthenticityoftheagreement.
Whoistherightfulowneroftheproperty?
CIVILLAWTEAM:

A:ThespousesDucatandKiong.TheAffidavitof
Transfer of Real Property proved Ducats
ownership of the property. It stated that Ducat
bought the subject property from Cecilio and
Bernardo. The heirs did not question the
authenticityanddueexecutionofsaiddocument.
Itconstitutesanadmissionagainstinterestmade
byBernardo,petitioners'predecessorininterest.
Bernardo's admission against his own interest is

binding on his heirs. The heirs' predecessorin
interest recognized Ducat and Kiong as the legal
ownerofthelotindispute.
Thus, there is no proof that the titling of the

subject property was fraudulently obtained by
Ducat and Kiong in their names. (Heirs of
Bernardo Ulep v. Sps. Cristobal Ducat and Flora
Kiong,G.R.No.159284,Jan.27,2009)
Q: What proofs are insufficient to establish

privateownershiporrightoverland?
A:
1. Compromise agreement among parties
to a land registration case where they
have rights and interest over the land
and allocated portions thereof to each
ofthem.
Note: Assent of Director of Lands and

Director of Forest Management to
compromiseagreementdidnotandcould
notsupplytheabsenceofevidenceoftitle
requiredoftheapplicant.
2.
Decision in an estate proceeding of a

predecessorininterest of an applicant
which involves a property over which
the decedent has no transmissible
rights,andinothercaseswhereissueof
ownership was not definitely passed
upon.
3.
Surveyplanofaninalienableland.
Note: Such plan does not convert such
landintoalienableland,muchlessprivate
property.
Q: After due hearing for registration, what will

thecourtdo?
A:Ifthecourt,afterconsideringtheevidenceand
reportoftheLRA,findsthattheapplicantorthe
oppositor has sufficient title proper for
registration, it shall render judgment confirming
thetitleoftheapplicant,ortheoppositor,tothe
landorportionsthereof,asthecasemaybe.(Sec.
29, P.D. 1529, Agcaoili, Reviewer in property

registrationandrelatedproceedings,p.158,2008
ed; Agcaoili, Registration Decree and Related
Laws,p.1516)
5.JUDGMENTANDDECREE
OFREGISTRATION
Q: What must a judgment in land registration

proceedingscontain?
A: When judgment is rendered in favor of the

plaintiff,thecourtshallordertheentryofanew
certificate of title and the cancellation of the
original certificate and owners duplicate of the
formerregisteredowner.
Q:Whatisdecreeofregistration?
A: It is a document prepared in the prescribed

form by the LRA Administrator, signed by him in
the name of the court, embodying the final
disposition of the land by the court and such
other data found in the record, including the
name and other personal circumstances of the
adjudicate, the technical description of the
property, liens and encumbrances affecting it,
and such other matters as determined by the
court in its judgment (Agcaoili Reviewer, p. 169.
2008; Agcaoili, Registration Decree and Related
Laws,p.508)
Q: In a registration case, the court rendered a

decision granting Reyes application, hence the
DirectorofLandsappealed.Reyesmovedforthe
issuance of a decree of registration pending
appeal.Mayhismotionbegranted?
A: No. Innocent purchasers may be misled into

purchasing real properties upon reliance on a
judgment which may be reversed on appeal. A
Torrens title issued on the basis of a judgment
that is not final is a nullity as it violates the
explicitprovisionsoftheLRA,whichrequiresthat
a decree shall be issued only after the decision
adjudicating the title becomes final and
executory. (Dir. of Lands v. Reyes, G.R. No. L
27594,Nov.28,1975)
Q: After final adjudication in a land registration

proceeding, Pepito and his family took
possessionofthelandsubjectoftheregistration
proceedings. Don Ramon moved for their
summary ouster from the land. Rule on his
motion.
A: It should be denied. Persons who are not

parties to registration proceedings who took
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possession of the land after final adjudication of

thesamecannotbesummarilyoustedbyamere
motion. The remedy is to resort to the courts of
justice and institute a separate action for
unlawful entry or detainer or for reinvidicatory
action,asthecasemaybe.Regardlessofanytitle
orlackoftitleofsaidperson,hecannotbeousted
without giving him a day in court in a proper
independent proceeding. (Agcaoili, Reviewer in
property registration and related proceedings, p.
167,2008ed)
Q:Whatdoesadecreeofregistrationcover?
A:Onlyclaimedpropertyoraportionthereofcan
be adjudicated. A land registration court has no
jurisdictiontoadjudgealandtoapersonwhohas
neverassertedanyrightofownershipthereof.
Q: May the court render a partial judgment in

A: Partial judgment is allowed in a land

registration proceeding, where only a portion of
theland,subjectofregistrationiscontested,the
court may render partial judgment provided that
a subdivision plan showing the contested land
and uncontested portions approved by the
Director of Lands is previously submitted to said
court.
Q:Whatistheeffectofadecreeofregistration?
A: The decree of registration binds the land,

quiets title, subject only to such exceptions or
liensasmaybeprovidedbylaw.
It is conclusive upon all persons including the

national government and all branches thereof.
And such conclusiveness does not cease to exist
whenthetitleistransferredtoasuccessor.
Note: Title once registered cannot be impugned,

altered, changed, modified, enlarged or diminished,
exceptinadirectproceedingpermittedbylaw.
Q: In 1950s, the Government acquired a big

landed estate in Central Luzon from the
registeredownerforsubdivisionintosmallfarms
andredistributionofbonafideoccupants.Fwasa
formerlesseeofaparcelofland,fivehectaresin
area. After completion of the resurvey and
subdivision, F applied to buy the said land in
accordance with the guidelines of the
implementing agency. Upon full payment of the
pricein1957,thecorrespondingdeedofabsolute
sale was executed in his favor and was
registered,andin1961,anewtitlewasissuedin
hisname.In1963,FsoldthesaidlandtoX;and
476
in1965XsoldittoY,newtitlesweresuccessively
issuedinthenamesofthesaidpurchasers.
In 1977, C filed an action to annul the deeds of

saletoF,XandYandtheirtitles,ontheground
thathe(C)hadbeeninactualphysicalpossession
of the land, and that the sale to F and the
subsequent sales should be set aside on the
groundoffraud.Uponmotionofdefendants,the
trial court dismissed the complaint, upholding
theirdefensesoftheirbeinginnocentpurchasers
for value, prescription and laches. Plaintiff
appealed.
Is the said appeal meritorious? Explain your

answer
Theappealisnotmeritorious.Thetrialcourtruled
correctlyingrantingdefendant'smotiontodismiss
forthefollowingreasons:
1. While there is the possibility that F, a

former lessee of the land was aware of
the fact that C was the bona fide
occupantthereofandforthisreasonhis
transfer certificate of title may be
vulnerable,thetransferofthesameland
andtheissuanceofnewTCTstoXandY
who are innocent purchasers for value
render the latter's titles indefeasible. A
persondealingwithregisteredlandmay
safely rely on the correctness of the
certificateoftitleandthelawwillnotin
any way oblige him to go behind the
certificatetodeterminetheconditionof
the property in search for any hidden
defectorinchoaterightwhichmaylater
invalidate or diminish the right to the
land. This is the mirror principle of the
TorrensSystemoflandregistration.
2. The action to annul the sale was

instituted in 1977 or more than (10)
yearsfromthedateofexecutionthereof
in1957,hence,ithaslongprescribed.
UnderSec.45,Act496,theentryofacertificate
oftitleshallberegardedasanagreementrunning
withtheland,andbindingupontheapplicantand
allhissuccessorsintitlethatthelandshallbeand
always remain registered land. A title under Act
496isindefeasibleandtopreservethatcharacter,
the title is cleansed anew with every transfer for
value(DeJesusv.CityofManila,G.R.No.L26816,
Feb.28,1967;Laperalv.CityofManila,G.R.No.L
16991,Mar.31,1964;Penullarv.PNB,G.R.No.L
32762Jan.27,1983)
CIVILLAWTEAM:

Suppose the government agency concerned
joined C in filing the said action against the
defendants, would that change the result of the
litigation?Explain.
Even if the government joins C, this will not alter

the outcome of the case so much because of
estoppel as an express provision in Sec. 45, Act
496 and Sec. 31, PD 1529 that a decree of
registration and the certificate of title issued in
pursuance thereof shall be conclusive upon and
against all persons, including the national
government and all branches thereof, whether
mentioned by name in the application or not.
(1990BarQuestion)
Q:Maythecourtreopenthejudgmentordecree
ofregistration?
A: The court has no jurisdiction or authority to

reopen the judgment or decree of registration,
nor impair the title or other interest of a
purchaser holding a certificate for value and in
goodfaith,orhisheirsandassigns,withouthisor
theirwrittenconsent.
ENTRYOFDECREEOFREGISTRATION
Q: What are the effects of the entry of the

decreeofregistrationintheNationalLandTitles
andDeedsRegistrationAuthority(NALDTRA)?
A:
1. This serves as the reckoning date
to determine the 1year period
from which one can impugn the
validityoftheregistration.
2. 1 year after the date of entry, it
becomes incontrovertible, and
amendments will not be allowed
exceptclericalerrors.Itisdeemed
conclusiveastothewholeworld.
3. Putsanendtolitigation.
WRITOFPOSSESSION
Q:Whatiswritofpossession?
A:Itisawritemployedtoenforceajudgmentto
recover the possession of land, commanding the
sheriff to enter into the land and give the
possession thereof to the person entitled under
thejudgment.(Pineda,Property,p.45,1999ed)
Note:Itmaybeissuedonlypursuanttoadecreeof
registration in an original land registration
proceeding.
Q: How may possession of property be

obtained?
A:Possessionofthepropertymaybeobtainedby
filinganexpartemotionwiththeRTCcourtofthe
provinceorplacewherethepropertyissituated.
Uponfilingofthemotionandtherequiredbond,
itbecomesaministerialdutyofthecourttoorder
theissuanceofawritofpossessioninfavorofthe
purchaser. After the expiration of the oneyear
periodwithoutredemptionbeingeffectedbythe
propertyowner,therightofthepurchasertothe
possession of the foreclosed property becomes
absolute. (PNB v. Sanao Marketing Corporation,
G.R.No.153951,July29,2005)
Q: PNCB purchased a parcel of land in a

foreclosure sale and applied for a writ of
possession after the lapse of more than 1 year.
Onappeal,however,itwasheldthatthewritof
possession cannot be issued because the
foreclosure sale, upon which it is based, was
infirm.Issaidrulingcorrect?
A: No. Any question regarding the regularity and

validity of the sale, as well as the consequent
cancellationofthewrit,istobedeterminedin a
subsequent proceeding as outlined in Sec. 8, Act
3135, as amended by Act 4118. Such question is
nottoberaisedasajustificationforopposingthe
issuanceofthewritofpossession,since,underthe
Act,theproceedingisexparte.
As the purchaser of the properties in the extra

judicialforeclosuresale,thePNCBisentitledtoa
writ of possession therefore. The basis of this
right to possession is the purchasers ownership
oftheproperty.Merefilingofanexpartemotion
for the issuance of the writ of possession would
suffice,andnobondisrequired.(Sulitv.CA,G.R.
No.119247,Feb.17,1997)(Agcaoili,Registration
DecreeandRelatedLaws,p.508509)
Q: Against whom may a writ of possession be

issued?
A:Inaregistrationcase,awritofpossessionmay
beissuedagainst:
1. Thepersonwhohasbeendefeatedina
registrationcase;and
2. Any person adversely occupying the
land or any portion thereof during the
land registration proceedings up to the
issuance of the final decree (Agcaoili
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Q: Yano filed an application for registration

which was granted. Consequently, a writ of
possession was issued. Vencelao, who occupies
theland,contendsthathewasnotthedefeated
oppositorinthecase,henceawritofpossession
may not be issued against him. May a writ of
possessionbeissuedagainstVencelao?
A: Yes. In a registration case, the judgment

confirmingthetitleoftheapplicantandordering
the registration in his name necessarily carried
with it the delivery of possession which is an
inherentelementoftherightofownership.
A writ of possession may be issued not only

against the person who has been defeated in a
registration case but also against anyone
unlawfully and adversely occupying the land or
any portion thereof during the land registration
proceedingsuptotheissuanceofthefinaldecree.
(Vencelaov.Yano,G.R.No.25660,Feb.20,1993)
Q:Ifthecourtgrantedtheregistration,mustthe
applicant move for the issuance of a writ of
possession in case he is deprived of possession
over the land subject of the registration
proceedings?
A:
Yes,ifitisagainst:
1. thepersonwhohasbeendefeatedina
registrationcase;and
2. any person adversely occupying the
land or any portion thereof during the
land registration proceedings up to the
issuanceofthefinaldecree.
No,ifitisagainstpersonswhotookpossessionof
the land after final adjudication of the same ina
registration proceeding. In which case, the
remedyisfileaseparateactionfor:
1. unlawfulentry;
2. unlawfuldetainer;or
3. reinvindicatory action, as the case may
be,andonlyafterafavorablejudgment
cantheprevailingpartysecureawritof
possession. (Agcaoili Reviewer, p. 168,
2008 ed, citing Bernas v. Nuevo, G.R.
No.L58438,Jan.31,1984)
478
Q: Does petition for the issuance of a writ of

possessionprescribe?
A:
GR:No.
XPN: If a party has once made use of the

benefit of a writ of possession, he cannot
again ask for it, if afterwards he loses
possessionofthepropertyobtainedbyvirtue
oftheoriginalwrit.
6.DECREEOFCONFIRMATIONAND
REGISTRATION
Q: What is decree of confirmation and

registration?
A: It is issued by LRA after finality of judgment,

and contains technical description of land. It is
subjectonlytoanappeal.
It is conclusive evidence of the ownership of the

land referred to therein and becomes
indefeasible and incontrovertible after one year
from the issuance of the decree. (Agcaoili
Reviewer,p.169)
Q: Differentiate decree of confirmation and

registrationfromdecreeofregistration.
A:Decreeofregistrationisissuedpursuanttothe
Property Registration Decree, where there
already exists a title which is confirmed by the
court.
Decreeofconfirmationandregistrationoftitleis
issuedpursuanttothePublicLandAct,wherethe
presumption always is that the land applied for
pertainstotheState,andthattheoccupantsand
possessors only claim an interest in the same by
virtueoftheirimperfecttitleorcontinuous,open,
and notorious possession. (Limcoma Multi
PurposeCooperativev.Republic,G.R.No.167652,
July10,2007)
Q: What is the doctrine of noncollateral attack

ofadecreeortitle?
A: A decree of registration and registered title

cannotbeimpugned,enlarged,altered,modified,
or diminished either in collateral or direct
proceeding, after the lapse of one year from the
dateofitsentry.
CIVILLAWTEAM:

Q:Differentiatedirectfromcollateralattack.
A:
DIRECTATTACK
COLLATERALATTACK
Itismadewhen,inanother
actiontoobtainadifferent
Theissuesare
relief,anattackonthe
raisedinadirect
judgmentismadeasan
proceedinginan
incidentinsaidaction.
actioninstituted
forthat
e.g.Torrenstitleisquestioned
purpose.
intheordinarycivilactionfor
recoveryofpossession
Q: Valentins homestead application was

approved. After 19 years of possession, his
occupation was interrupted when Arcidio
forcibly entered the land. He filed an action for
recoveryofpossessionwhichwasgranted.
In his appeal, may Arcidio seek the nullity of

Valentinstitle,invokingasdefensetherulingof
the Director of Lands in an administrative case
thatValentinhasneverresidedinsaidlandand
declared that the homestead patent was
improperlyissuedtohim?
A: No, a collateral attack is not allowed. It was

erroneousforArcidiotoquestiontheTorrensOCT
issued to Valentin in an ordinary civil action for
recovery of possession filed by the registered
ownerValentinofthesaidlot,byinvokingas
affirmativedefenseinhisanswertheOrderofthe
Bureau of Lands issued pursuant to the
investigatory power of the Director of Lands
underSection91ofPublicLandLaw(CANo.141
as amended). Such a defense partakes of the
nature of a collateral attack against a certificate
oftitlebroughtundertheoperationoftheTorrens
systemofregistrationpursuanttoSec.122,Land
RegistrationAct,nowSec.103,PD1259.(Ybanez
v.IAC,G.R.No.68291,Mar.6,1991)
Q:Inacaseforrecoveryofpossessionbasedon
ownership, is a thirdparty complaint to nullify
thetitleofthethirdpartydefendantconsidered
adirectattackonthetitle?
A:Iftheobjectofthethirdpartycomplaintisto
nullify the title of the thirdparty defendant, the
thirdparty complaint constitutes a directattack
onthetitlebecausethesameisinthenature of
an original complaint for cancellation of title.
(AgcaoiliReviewer,p.264.2008)
Q: If an attack is made thru a counterclaim,

should it be disregarded for being a collateral
attack?
A: No. A counterclaim is also considered an

originalcomplaint,andassuch,theattackonthe
title is direct and not collateral. (Agcaoili
Reviewer,p.264.2008)
C.REMEDIESIN.REGISTRATIONPROCEEDINGS
Q:Whataretheremediesofanaggrievedparty
inregistrationproceedings?
A:RADARCANQP
1. Relieffromjudgment
2. Appeal
3. ActionforDamages
4. Action for Compensation from the
AssuranceFund
5. ActionforReconveyance
6. Cancellationofsuits
7. Annulmentofjudgment
8. Newtrial
9. Quietingoftitle
10. PetitionforReview(ofaDecree)
APPEAL
Q:Inlandregistrationcases,withinwhatperiod
mayanappealbefiled?
A:Itmustbefiledwithin15daysfromreceiptof
thejudgmentorfinalorderappealedfrom.
Q:Whichcourtshaveappellatejurisdictionover
landregistrationcases?
A:UnderPD1529,judgmentsandordersinland
registration cases are appealable to the CA or to
theSCinthesamemannerasordinaryactions.
Q: Who may file an appeal in land registration

cases?
A:Onlythosewhoparticipatedintheproceedings
caninterposeanappeal.
Q:Inlandregistrationcases,mayapartyvalidly
moveforexecutionpendingappeal?
A: No. A motion for execution pending appeal is

not applicable to land registration proceedings.
Thereasonistoprotectinnocentpurchasers.
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PETITIONFORREVIEW
Q: What are the requisites of a petition for

reviewofthedecree?
A:
Petitionerhasarealright;
Hehasbeendeprivedthereof;
The deprivation is through fraud
(actual/extrinsic);
Petition is filed within 1 year from issuance
ofthedecree;and
The property has not yet passed to an
innocentpurchaserforvalue.
Q: In land registration cases, when may a

petitionforreviewbefiled?
A:Anypersonmayfileapetitionforreviewtoset
aside the decree of registration on the ground
that he was deprived of their opportunity to be
heard in the original registration case not later
than1yearaftertheentryofthedecree.
Q:Onwhatgroundsmayapetitionforreviewbe
filed?
A:
1. That a land belonging to a person
hasbeenregisteredinthenameof
another or that an interest has
beenomittedintheapplication;
2. Registration has been procured
thruactualfraud;
3. Petitioner is the owner of thesaid
propertyorinteresttherein;
4. Property has not been transferred
toaninnocentpurchaserforvalue;
5. Actionisfiledwithinoneyearfrom
the issuance and entry of the
decreeofregistration;or
6. Actualfraudmustbeutilizedinthe
procurementofthedecreeandnot
thereafter
Note:Whatiscontemplatedbylawis
extrinsicfraud.(Garinganv.Garingan,G.R.
No.144095,Apr.12,2005)
RECONVEYANCE
Q:Whatisactionforreconveyance?
A: It is an action seeking to transfer or reconvey

thelandfromtheregisteredownertotherightful
owner.
480
Q: What is the purpose of an action for

reconveyance?
A: An action for reconveyance does not aim or

purport to reopen the registration proceedings
and set aside the decree of registration but only
to show that the person who secured the
registrationofthequestionedpropertyisnotthe
real owner thereof. The action, while respecting
the decree as incontrovertible, seeks to transfer
or reconvey the land from the registered owner
totherightfulowner.
Note:Thisactionmaybefiledevenafterthelapseof
1 year from entry of the decree of registration as
long as the property has not been transferred or
conveyedtoaninnocentpurchaserforvalue.
Q: What are the grounds and their

corresponding period for filing an action for
reconveyance?
A:
GROUNDS
PRESCRIPTIVEPERIOD
4yearsfromthediscoveryofthe
fraud(deemedtohavetaken
placefromtheissuanceofthe
originalcertificateoftitle)
Fraud
Note:TheStatehasan
imprescriptiblerighttocausethe
reversionofapieceofproperty
belongingtothepublicdomainif
titlehasbeenacquiredthrough
fraudulentmeans.
Impliedor
Constructive
Trust
10yearsfromthedateofthe
issuanceoftheOCTorTCT.
Itdoesnotapplywherethe
personenforcingthetrustisin
actualpossessionoftheproperty
becauseheisineffectseekingto
quiettitletothesamewhichis
imprescriptible.
Notbarredbyprescription
Imprescriptible
ExpressTrust
VoidContract
Q: In 1987, an Emancipation Patent OCT was

issuedinRemysfavor.In1998,Madarietafileda
Complaint for Annulment and Cancellation of
the OCT against Remy before the DARAB,
allegingthattheDepartmentofAgrarianReform
(DAR) mistakenly included her husbands lot as
part of Luspos property where Remys house
was constructed and that it was only on 1997
thatshediscoveredsuchmistake.IsMadarietas
actionbarredbyprescription?
A: Yes. Considering that there appears to be a

mistake in the issuance of the subject
CIVILLAWTEAM:

emancipation patent, the registration of the title
tothesubjectpropertyinRemysnameislikewise
erroneous, and consequently, Remy holds the
property as a mere trustee. An action for
reconveyance based on an implied or
constructivetrustprescribesin10yearsfromthe
issuance of the Torrens title over the property.
The title over the subject land was registered in
Remys name in 1987 while Madarieta filed the
complainttorecoverthesubjectlotonlyin1998.
Morethan11yearshadlapsedbeforeMadarieta
institutedtheactionforannulmentofthepatent
OCT, which in essence is an action for
reconveyancetheremedyoftherightfulowner
of the erroneously registered property. It is thus
barred by prescription. (Rementizo v. Heirs of
Vda. De Madarieta, G.R. No. 170318, Jan. 15,
2009)
Note: In an action for reconveyance, the decree of

registration is respected as incontrovertible but
whatissoughtinsteadisthetransferoftheproperty
wrongfully or erroneously registered in anothers
name to its rightful owner or to one with a better
right. The person in whose name the land is
registeredholdsitasameretrustee.
Q: If the ground relied upon for an action for

reconveyance is fraud, what is the period for
filingthesame?
A: If ground relied upon is fraud, action may be

filed within 4 years from discovery thereof.
Discovery is deemed to have taken place when
said instrument was registered. It is because
registrationconstitutesconstructivenoticetothe
wholeworld.
Q: On September 10, 1965, Melvin applied for a

freepatentcoveringtwolotsLotAandLotB
situated in Santiago, Isabela. Upon certification
by the Public Land Inspector that Melvin had
been in actual, continuous, open, notorious,
exclusiveandadversepossessionofthelotssince
1925, the Director of Land approved Melvin's
application on 04 June 1967. On December 26,
1967, Original Certificate of Title (OCT) No. P
2277wasissuedinthenameofMelvln.
On September 7, 1971, Percival filed a protest

allegingthatLotBwhichhehadbeenoccupying
and cultivating since 1947 was included in the
Free Patent issued in the name of Melvin. The
Director of Lands ordered the investigation of
Percival's protest. The Special Investigator who
conducted the investigation found that Percival
hadbeeninactualcultivationofLotBsince1947.
OnNovember28,1986,theSolicitorGeneralfiled
in behalf of the Republic of the Philippines a

complaintforcancellationofthefreepatentand
the OCT issued in the name of Melvin and the
reversion of the land to public domain on the
ground of fraud and misrepresentation in
obtaining the free patent. On the same date,
PercivalsuedMartinforthereconveyanceofLot
B.
Melvin filed his answers interposing the sole

defenseinbothcasesthattheCertificateofTitle
issued in his name became incontrovertible and
indefeasibleuponthelapseofoneyearfromthe
issuanceofthefreepatent.
Given the circumstances, can the action of the

Solicitor General and the case for reconveyance
filedbyPercivalpossiblyprosper?
A:Iffraudbediscoveredintheapplicationwhich
ledtotheissuanceofthepatentandCertificateof
Title, this Title becomes ipso facto null and void.
Thus, in a case where a person who obtained a
freepatent,knowinglymadeafalsestatementof
material and essential facts in his application for
the same, by stating therein that the lot in
question was part of the public domain not
occupiedorclaimedbyanyotherperson,histitle
becomes ipso facto canceled and consequently
renderednullandvoid.
It is to the public interest that one who succeeds

Infraudulentlyacquiringtitletopubliclandshould
notbeallowedtobenefittherefromandtheState,
through the Solicitor General, may file the
correspondingactionforannulmentofthepatent
and the reversion of the land involved to the
public domain (Dinero v. Director of Lands;
Kayaban v. Republic L33307, Aug. 20, 1973;
Director of Lands vs. Animas, L37682, Mar. 29,
1974).
Thisactiondoesnotprescribe.
WithrespecttoPercival'sactionforreconveyance,
it would have prescribed, having been filed more
thanten(10)yearsafterregistrationandissuance
of an OCT in the name of Melvin, were it not for
the inherent infirmity of the latter's title. Under
the facts, the statute of limitations will not apply
toPercivalbecauseMelvinknewthatapartofthe
land covered by his title actually belonged to
Percival.So,insteadofnullifyingintotothetitleof
Melvin, the court, in the exercise of equity and
jurisdiction, may grant prayer for the
reconveyanceofLotBtoPercivalwhohasactually
possessed the land under a claim of ownership
since 1947. After all, if Melvin's title is declared
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voidabinitioandthelandisrevertedtothepublic
domain, Percival would just the same be entitled
to preference right to acquire the land from the
government. Besides, well settled is the rule that
once public land has been in open, continuous,
exclusive and notorious possession under a
bonafideclaimofacquisitionofownershipforthe
periodprescribedbySec.48,PublicLandAct,the
same ipso jure ceases to be public and in
contemplation of law acquired the character of
privateland.Thus,reconveyanceofthelandfrom
MelvintoPercivalwouldbethebetterprocedure.
(Vital v. Anore, G.R. No. L4136, Feb. 29, 1952;
Pena, Land Titles and Deeds, p. 427, 1982 ed)
(1997BarQuestion)
Q:Rommelwasissuedacertificateoftitleovera
parcel of land in Quezon City. One year later,
Rachelle, the legitimate owner of the land,
discovered the fraudulent registration obtained
by Rommel. She filed a complaint against
Rommel for reconveyance and caused the
annotation of a notice of lis pendens on the
certificate of title issued to Rommel. Rommel
now invokes the indefeasibility of his title
considering that one year has already elapsed
fromitsissuance.Healsoseeksthecancellation
ofthenoticeoflispendens.
Will Rachelles suit for reconveyance prosper?

Explain.
A:Yes,Rachellessuitwillprosperbecauseallthe
elements of an action for reconveyance are
present,namely:
1. Rachelle is claiming dominical rights
overtheproperty;
2. Rommel procured his title to the land
byfraud;
3. The action was brought within the
statutory period of four years from
discovery of the fraud and not later
than 10 years from the date of
registrationofRommelstitle;and
4. Titletothelandhasnotyetpassedinto
thehandsofaninnocentpurchaserfor
value.
Rommelcaninvoketheindefeasibility ofhistitle
if Rachelle had filed a petition to reopen or
review the decree of registration. But Rachelle
instead filed an ordinary action in personam for
reconveyance. In the latter action, indefeasibility
is not a valid defense, because in filing such
action, Rachelle is not seeking to nullify nor to
impugn the indefeasibility of Rommels title. She
is only asking the court to compel Rommel to
482
reconveythetitletoherasthelegitimateowner
oftheland.
May the court cancel the notice of lis pendens

evenbeforefinaljudgmentisrendered?Explain.
A:Anoticeoflispendensmaybecancelledeven
before final judgment upon proper showing that
the notice is for the purpose of molesting or
harassing the adverse party orthat the noticeof
lispendensisnotnecessarytoprotecttherightof
thepartywhocauseittoberegistered.(Sec.77,
PD1529)
In this case, it is given that Rachelle is the

legitimateownerofthelandinquestion.Itcanbe
said,therefore,thatwhenshefiledhernoticeof
lis pendens her purpose was to protect her
interest in the land and not just to molest
Rommel.Itisnecessarytorecordthelispendens
to protect her interest because if she did not do
it,thereisapossibilitythatthelandwillfallinto
thehandsofaninnocentpurchaserforvalueand
in that event, the court loses control over the
land making any favorable judgment thereon
mootandacademic.Forthesereasons,thenotice
of lis pendens may not be cancelled. (1995 Bar
Question)
Q:Juan, et. al. seek reconveyance of the

property, imputing fraud to Ines, without
adducingevidence,sayingthatsheusedaforged
affidavittoobtaintitleoverthepropertydespite
fullknowledgethatsheownedonly1/5portion
thereof.Note that when Ines applied for a free
patentovertheproperty,Juan,et.al.filedtheir
claims, but when the Bureau of Lands denied
theirclaims,theydidnotcontestsuchdenialany
further.Shouldthereconveyancebegranted?
A:No.ItappearsthattheywerenotifiedofInes
application for free patent and were duly
afforded the opportunity to object to the
registration and to substantiate their claims,
whichtheyfailedtodoandtheynevercontested
the order of the Bureau of Lands disregarding
theirclaims.Thiscouldonlymeanthattheyeither
agreed with the order or decided to abandon
theirclaims.
Also, they failed to prove fraud in the execution

oftheaffidavitusedbyInestoobtaintitletothe
disputed property. No evidence was adduced by
them to substantiate their allegation that their
signatures therein were forged. It is not for
private respondents to deny forgery. The burden
of proof that the affidavit of waiver is indeed
spurious restson petitioners. Yet, even as they
CIVILLAWTEAM:

insist on forgery, they never really took serious
efforts in establishing such allegation by
preponderant evidence. Mere allegations of
fraudarenotenough.Intentionalactstodeceive
and deprive another of his right or in some
manner injure him, must be specifically alleged
andproved.(Brusasv.CA,G.R.No.126875,Aug.
26,1999)
DAMAGES
Q:Whenmayanactionfordamagesberesorted
toinlandregistrationcases?
A: It may be resorted to when a petition for

review and an action for reconveyance is no
longer possible because the property has passed
to an innocent purchaser for value and in good
faith.
Q: When will an action for damages in land

registrationcasesprescribe?
A: An ordinary action for damages prescribes in

ten (10) years after the issuance of the Torrens
titleovertheproperty.
CANCELLATIONSUIT
Q:Whatiscancellationsuit?
A: It is an action for cancellation of title brought

byaprivateindividual,allegingownershipaswell
as the defendants fraud or mistake, as the case
may be, in successfully obtaining title over a
disputedlandclaimedbytheplaintiff.(Aquino,p.
155,2007ed)
Q:Whenisresorttoacancellationsuitproper?
A:
1. Whentwocertificatesoftitleareissued
to different persons covering the same
parceloflandinwholeorinpart;
2. When certificate of title is issued

coveringanonregistrableproperty;or
3. Other causes such as when the

certificateoftitleisissuedpursuanttoa
judgment that is not final or when it is
issued to a person who did not claim
and applied for the registration of the
landcovered.(Aquino,p.141,2007ed)
Q:Whataretherulesasregardscancellationof
certificatesoftitlebelongingtodifferentpersons
overthesameland?
A: Where two certificates are issued to different

personscoveringthesameland,thetitleearlierin
date must prevail. The latter title should be
declarednullandvoidandorderedcancelled.
Q: What is meant by prior est temporae, prior

estinjura?
A:Itisaprinciplewhichmeanshewhoisfirstin
time is preferred in right. (Agcaoili Reviewer, p.
189,1999ed)
Q:Pablooccupiedaparceloflandsince1800.In
1820,hewasissuedacertificateoftitleoversaid
land.In1830,however,thelandwasreclassified
asalienableanddisposable,asitwasoriginallya
forestland.In1850,Pedrowasabletoobtaina
certificate of title over the same land. Upon
learning of such, Pablo sought to have Pedros
titledeclarednullandvoid.Decide.
A: As a general rule, the earlier in date must

prevail. However, this principle cannot apply if it
is established that the earlier title was procured
through fraud or is otherwise jurisdictionally
flawed.(Republicv.CAandGuido,et.al.,G.R.No.
84966, Nov. 21, 1991). The rule is valid only
absent any anomaly or irregularity tainting the
process of registration. Where the inclusion of
land in the certificate of title of prior date is a
mistake, the mistake may be rectified by holding
thelatterofthetwocertificatestobeconclusive.
(Legarda v. Saleeby, G.R. No. 8936, Oct. 2, 1915)
Since the earlier title was issued when the
disputedlandwasstillanonregistrableproperty,
the same may be challenged through a
cancellationsuitandmaybedeclaredasnulland
void.Pedrostitlemustprevail.
QUIETINGOFTITLE
Q:Whatisactionforquietingoftitle?
A:Itisanactionthatisbroughttoremoveclouds
on the title to real property or any interest
therein, by reason of any instrument, record,
claim, encumbrance, or proceeding which is
apparentlyvalidoreffectivebutisintruthandin
fact
invalid,
ineffective,
voidable
or
unenforceable, and may be prejudicial to said
title.
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Q:Whomayfileanactiontoquiettitle?
A:
Registeredowner;
A person who has an equitable right or
interestintheproperty;or
TheState.
Note:
CriminalactionStatemaycriminallyprosecutefor
perjury the party who obtains registration through
fraud,suchasbystatingfalseassertionsinthesworn
answer required of applicants in cadastral
proceedings.
ActionfordamagesFiledinanordinaryactionfor
damagesifthepropertyhaspasseduntothehands
ofaninnocentpurchaserforvalue.
REMEDYINCASEOFLOSSOR
DESRUCTIONOFCERTIFICATEOFTITLE:
Q: What is theremedy in casea person losthis

certificateoftitle?
A:Itdepends.
1. If what is lost is the OCT or TCT
Reconstitutionofcertificateoftitle;
2. If, however, it is the duplicate of the
OCT or TCT Replacement of lost
duplicatecertificateoftitle.
RECONSTITUTIONOFCERTIFICATEOFTITLE
Q: What is the remedy in case a certificate of

titleislostordestroyed?
A: Remedy is reconstitution of lost or destroyed

certificate of title in the office of Register of
DeedsinaccordancewithR.A.26.(Aquino,p.454,
2007ed)
Q:Whatisreconstitutionofcertificateoftitle?
A: The restoration of the instrument which is

supposed to have been lost or destroyed in its
originalformandcondition,underthecustodyof
RegisterofDeeds.
Q:Whatisthepurposeofreconstitutionoftitle?
A: To have the same reproduced, after proper

proceedings, in the same form they were when
thelossordestructionoccurred.
Q: Does reconstitution determine ownership of

landcoveredbyalostordestroyedcertificateof
title?
484
A: A reconstituted title, by itself, does not

determine or resolve the ownership of the land
covered by the lost or destroyed title. The
reconstitution of a title is simply the reissuance
ofalostduplicatecertificateoftitleinitsoriginal
form and condition. It does not determine or
resolvetheownershipofthelandcoveredbythe
lost or destroyed title. A reconstituted title, like
the original certificate of title, by itself does not
vest ownership of the land or estate covered
thereby.(Alonso,et.al.v.CebuCountryClubInc.,
G.R.No.130876,Dec.5,2003)
Q: May a writ of possession be issued in a

petitionforreconstitution?
A: No, because, reconstitution does not

adjudicateownershipovertheproperty.Awritof
possessionisissuedtoplacetheapplicantowner
inpossession.
Q: What are the elements of reconstitution of

certificatesoftitle?
A:
1. Certificatehasbeenlostordestroyed;
2. Petitioner is the registered owner or
hasaninteresttherein;and
3. Certificate was in force at the time it
waslostordestroyed.
Q: What are the jurisdictional requirements in

petitionsforreconstitutionoftitle?
A:Noticethereofshallbe:
1. Published twice in successive issues of
theOfficialGazette;
2. Posted on the main entrance of the
provincialbuildingandofthemunicipal
building of the municipality or city,
wherethelandissituated;and
3. Sentbyregisteredmailtoeveryperson
namedinsaidnotice
Note: The above requirements are mandatory and

jurisdictional.
Q:Whatarethekindsofreconstitutionoftitle?
A:
1. Judicial partakes the nature of a land
registration proceeding in rem. The
registered owners, assigns, or any
person having an interest in the
property may file a petition for that
purpose with RTC where property is
located. RD is not the proper party to
filethepetition.
CIVILLAWTEAM:

2. Administrativemaybeavailedofonly
incaseof:
a. Substantial loss or destruction of
the original land titles due to fire,
flood, or other force majeure as
determined by the Administrator
oftheLandRegistrationAuthority
b. The number of certificates of title
lostordamagedshouldbeatleast
10% of the total number in the
possession of the Office of the
RegisterofDeeds
c. In no case shall the number of
certificatesoftitlelostordamaged
belessthanP500
d. Petitionermusthavetheduplicate
copyofthecertificateoftitle(R.A.
6732)
Note: The law provides for retroactive application

thereof to cases 15 years immediately preceding
1989.
Q: From what sources may a certificate of title

bereconstituted?
A: (Agcaoili, Registration Decree and Related

Laws,p.757758)
Judicialreconstitution
ForOCT(inthefollowingorder):
1. Owners duplicate of the certificate
oftitle
2. Coowners, mortgagees or lessees
duplicateofsaidcertificate
3. Certified copy of such certificate,
previously issued by the Register of
Deeds
4. Authenticated copy of the decree of
registration or patent, as the case
may be, which was the basis of the
certificateoftitle
5. Deed or mortgage, lease or
encumbrance containing description
ofpropertycoveredbythecertificate
oftitleandonfilewiththeRegistryof
Deeds, or an authenticated copy
thereof
6. Any other document which, in the
judgment of the court, is sufficient
andproperbasisforreconstitution
ForTCT(inthefollowingorder):
1. Owners duplicate of the certificate
oftitle
3.
Certified copy of such certificate,

previously issued by the Register of
Deeds
4. Deed of transfer of other document
containing description of property
covered by thetransfer certificate of
title and on file with the Registry of
thereof
5. Deed or mortgage, lease or
encumbrance containing description
ofpropertycoveredbythecertificate
oftitleandonfilewiththeRegistryof
thereof
6. Any other document which, in the
judgment of the court, is sufficient
andproperbasisforreconstitution
Administrativereconstitution
1. Owners duplicate of the certificate of
title
REPLACEMENTOF
LOSTDUPLICATECERTIFICATEOFTITLE
Q: If what is lost or destroyed is the duplicate

title,isreconstitutiontheproperremedy?
A:No.Whentheduplicatetitleofthelandowner
islost,theproperpetitionisnotreconstitutionof
title, but one filed with the court for issuance of
newtitleinlieuofthelostcopy.
Q: Who are the persons entitled to a Duplicate

CertificateofTitle?
A:
1. Registeredowner
2. Eachcoowner
Q: What are the requirements for the

replacementoflostduplicatecertificateoftitle?
A:
1. Due notice under oath shall be sent by
the owner or by someone in his behalf
totheRegisterofDeedsoftheprovince
or city where the land lies as soon as
thelossortheftisdiscovered.
2. Petitionforreplacementshouldbefiled
with the RTC of the province or city
wherethelandlies.
3. NoticetoSolicitorGeneralbypetitioner
is not imposed by law but it is the
Register of Deeds who should request
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4.
for representation by the Solicitor

General.
A proceeding where the certificate of
titlewasnotinfactlostordestroyedis
nullandvoidforlackofjurisdictionand
the newly issued duplicate is null and
void.
AMENDMENTORCORRECTIONOFTITLE
Q: What are the grounds for amendment or

correctionofcertificateoftitle?
A:When:
1. registered interests of any description,
whethervested,contingentorinchoate
haveterminatedandceased;
2. new interests have arisen or been
created which do not appear upon the
certificate;
3. any error, omission or mistake was
made in entering a certificate or any
memorandum thereon or on any
duplicatecertificate;
4. the name of any person on the
certificatehasbeenchanged;
5. theregisteredownerhasbeenmarried,
or registered as married, the marriage
hasterminatedandnorightorinterest
of heirs or creditors will thereby be
affected;
6. a corporation, which owned registered
land and has been dissolved, has not
conveyedthesamewithin3yearsafter
itsdissolution;or
7. there is a reasonable ground for the
amendmentoralterationoftitle.
Q: What are the requisites for the amendment

orcorrectionoftitle?
A:FREONU
1. ItmustbeFiledintheoriginalcase;
2. BytheRegisteredownerorapersonin
interest;
3. OngroundsEnumerated;
4. AllpartiesmustbeNotified;
5. ThereisUnanimityamongthem;and
6. OriginaldecreemustnotbeOpened.
CANCELLATIONOFTITLE
Q: What are the grounds for cancellation of

title?
A:
1. Whentitleisvoid;
486
2.
3.
Title is replaced by one issued under a

cadastralproceeding;or
When condition for its issuance has
beenviolatedbytheregisteredowner.
SURRENDEROF
WITHHELDDUPLICATECERTIFICATEOFTITLE
Q: What are the grounds for surrender of

withheldduplicatecertificateoftitle?
A:
1. When it is necessary to issue a new
certificate of title pursuant to any
involuntary instrument which divests
thetitleoftheregisteredowneragainst
hisconsent;
2. Where a voluntary instrument cannot
beregisteredbyreasonoftherefusalor
failure of the holder to surrender the
ownersduplicatecertificateoftitle;or
3. Wheretheownersduplicatecertificate
is not presented for amendment or
alterationpursuanttoacourtorder.
REVERSION
Q:Whatismeantbyreversion?
A: It is an action instituted by the government,

through the Solicitor General, for cancellation of
certificateoftitleandtheconsequentialreversion
ofthelandcoveredtherebytotheState.(Aquino,
p.154,2007ed)
Note: The difference between reversion suit and

actionfordeclarationofnullityoftitleisthatinthe
former,theallegationsinthecomplaintwouldadmit
State ownershipof thedisputedland. On the other
hand,actionfordeclarationofnullityoftitlerequires
allegation of the plaintiffs ownership of the
contestedlotpriortotheissuanceoffreepatentand
certificateoftitle.(Aquino,p.155,2007ed)
Q:Whendoesreversionapply?
A:Generally,reversionappliesinallcaseswhere
lands of public domain and the improvements
thereon and all lands are held in violation of the
Constitution.(AgcaoiliReviewer,p.221,1999ed)
Q: What are the grounds for reversion of lands

coveredbyapatent?
A:
1. Violation of Sec.s 118, 120, 121 and
122, Public Land Act (e.g. alienation or
sale of homestead executed within the
5yearprohibitoryperiod
CIVILLAWTEAM:

2.
3.
4.
5.
When land patented and titled is not

capableofregistration
Failure of the grantee to comply with
theconditionsimposedbylawtoentitle
himtoapatentgrant
Whentheareaisanexpandedarea
When the land is acquired in violation
of the Constitution (e.g. land acquired
by an alien may be reverted to the
State)
Q: Luis filed a complaint for annulment of title

involvingaforeshorelandwhichwasgrantedin
Flores favor, alleging that his application
thereforwasgrantedbythegovernment.IsLuis
therealpartyininterestwithauthoritytofilea
complaint for annulment of title of foreshore
land?
A: No. In all actions for the reversion to the

Government of lands of the public domain or
improvements thereon, the Republic of the
Philippinesistherealpartyininterest.Theaction
shallbeinstitutedbytheSolicitorGeneralorthe
officer acting in his stead, in behalf of the
Republic of thePhilippines. Petitioners must first
lodgetheircomplaintwiththeBureauofLandsin
orderthatanadministrativeinvestigationmaybe
conducted under Sec. 91, Public Land Act.
(Manesev.Sps.Velasco,G.R.No.164024,Jan.29,
2009)
Note:Indefeasibilityoftitle,prescription,lachesand
estoppeldonotbarreversionsuits.
D.CADASTRALLANDREGISTRATION
Q:Whatiscadastralregistration?
A:Itisaproceedinginrem,initiatedbythefiling
of a petition for registration by the government,
notbythepersonsclaimingownershipoftheland
subjectthereof,andthelatterare,onthepainof
losing their claim thereto, in effect compelled to
gotocourttomakeknowntheirclaimorinterest
therein, and to substantiate such claim or
interest.
Q:Whatisthepurposeofcadastralregistration?
A: Here, the government does not seek the

registration of land in its name. The objective of
the proceeding is the adjudication of title to the
landsorlotsinvolvedinsaidproceeding.
Q: What is the procedure in cadastral

registration?
A:
1. Cadastralsurvey
2. Filingofpetition
3. Publicationofnoticeofinitialhearing
4. Filingofanswer
5. Hearingofcase
6. Decision
7. Issuanceofdecree&certificateoftitle
Q: What is the extent of authority of cadastral

courts?
A: The cadastral court is not limited to merely

adjudicationofownershipinfavorofoneormore
claimants. If there are no successful claimants,
thepropertyisdeclaredpublicland.
Cadastral courts do not have the power to

determine and adjudicate title to a lot already
covered by homestead patent to a person other
thanapatentee.
Cadastral court possesses no authority to award

damages.
Note: A parcel of forestland is within the exclusive

jurisdictionoftheBureauofForestryandbeyondthe
power and jurisdiction of the cadastral court to
registerundertheTorrenssystem.
V.SUBSEQUENTREGISTRATION
Q:Whatissubsequentregistration?
A: It is where incidental matters after original

registration may be brought before the land
registration court by way of motion or petition
filed by the registered owner or a party in
interest.
Q: What are the rules as to the necessity and

effectsofsubsequentregistration?
A:
GR: The mere execution of deeds of sale,
mortgages, leases or other voluntary
documentsservesonly2purposes:
1. as a contract between the
partiesthereto
2. as evidence of authority to
the RD to register such
documents(Sec.51,PD1529)
XPN: Wills that purport to convey or

affectaregisteredland.
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Note:Itisonlytheactofregisteringtheinstrument
intheRDoftheprovinceorthecitywheretheland
lies which is the operative act that conveys
ownership or affects the land insofar as third
personsareconcerned(Sec.51,PD1529).
Theact ofregistrationcreates aconstructivenotice

tothewholeworldofsuchvoluntaryorinvoluntary
instrument or court writ or process. (Sec. 52, PD
1529)
Reason: Such is the willful act of the owner. It is

presumed that he is interested in registering the
instrument.
Yes,incaseofinvoluntarytransfer.
Reason: Such registration is contrary to the

interestsoftheowner.Mereentryisenough.
Note:Thefactthatnotransfercertificateoftitlehas
as yet been issued by the RD in the name of the
vendor, cannot detract from the rights of a
purchaserforvalueandingoodfaithentitledtothe
protection of law, once the deed of sale has been
recordedinthedaybook.Whatremainstobedone
liesnotwithinhispowertoperform.
When a land subject of a sale is registered in the

name of the purchaser, registration takes effect
retroactively as of the date the deed was noted in
theentrybookbytheRD.
Q:Ismereregistrationintheentryordaybook
of the deed of sale without the presentation of
the duplicate certificate enough to effect
conveyance?
A:Itdepends.
No,incaseofvoluntarytransfer.
Q:Differentiatevoluntaryfrominvoluntarydealingsinland?
A:
VOLUNTARYDEALINGS
INVOLUNTARYDEALINGS
Concept
Refertodeeds,instrumentsordocumentswhicharethe
resultsoffreeandvoluntaryactsofthepartiesthereto
Refertosuchwrit,orderorprocessissuedbyacourtof
recordaffectingregisteredlandwhichbylawshouldbe
registeredtobeeffective,andalsotosuchinstruments
which are not the willful acts of the registered owner
and which may have been executed even without his
knowledgeoragainsthisconsent
Kinds
1.
2.
3.
4.
5.
6.
7.
8.
Sale
Realpropertymortgage
Lease
Pactoderetrosale
Extrajudicialsettlement
Freepatent/homestead
Powersofattorney
Trusts
1.
2.
3.
4.
Attachment
Saleonexecutionofjudgmentorsalesfor
taxes
Adverseclaims
Noticeoflispendens
EffectsofRegistration
An innocent purchaser for value of registered land
becomestheregisteredownerthemomenthepresents
andfilesadulynotarizedandvaliddeedofsaleandthe Entry thereof in the day book of the RD is sufficient
same is enteredin the day book and at the sametime notice to all persons even if the owners duplicate
he surrenders or presents the owners duplicate certificateoftitleisnotpresentedtotheRD
certificate of title covering the land sold and pays the
registrationfees
Requirementtopresenttitle
Needtopresenttitletorecordthedeedinregistryand
tomakememorandumontitle
488
No presentation required; annotation in entry book is

sufficient
CIVILLAWTEAM:

VOLUNTARYDEALINGS
Q:Mustvoluntarydealingsberegistered?
A: No. Registration is not a requirement for

validity of the contract as between the parties.
However, the act of registration shall be the
operativeacttoconveyoraffectthelandinsofar
asthirdpartiesareconcerned.(AgcaoiliReviewer,
p.276,1999ed)
Q: What are the requirements for registrability

of deeds and other voluntary acts of
conveyance?
A:PIPE
1. Presentation of owners duplicate
certificate whenever any duly executed
voluntary instrument is filed for
registration;
2. Inclusion of one extra copy of any
document of transfer or alienation of
realproperty,tobefurnishedtothecity
orprovincialassessor;
3. Paymentofprescribedregistrationfees
andrequisitedocstamps;and
4. Evidence of full payment of real estate
taxasmaybedue.
Q: What is the effect of registration of such

voluntarydealings?
A:It:
1. creates a lien that attaches to the
propertyinfavorofthemortgagee;and
2. constitutes constructive notice of his
interest in the property to the whole
world.
B.INVOLUNTARYDEALINGS
Q:Mustinvoluntarydealingsberegistered?
A:Yes.Itistheactofregistrationwhichcreatesa
constructive notice to the whole world of such
instrument or court writ or process and is the
operative act that conveys ownership or affects
the land insofar as third persons are concerned.
(Aquino,p.185,2007ed)
ATTACHMENT
Q:Whatisattachment?
A: It is a writ issued at the institution or during

progress of an action commanding the sheriff to
attach the property, rights, credits, or effects of
thedefendanttosatisfydemandsoftheplaintiff.
SALEONEXECUTION
Q:Whatissaleonexecution?
A: A sale of property by the sheriff under

authority of a court's writ of execution in order
satisfyanunpaidobligation.
ADVERSECLAIM
Q:Whatisadverseclaim?
A:Itisanotice tothirdpersonsthatsomeoneis
claiming an interest on the property or has a
better right than the registered owner thereof,
and that any transaction regarding the disputed
landissubjecttotheoutcomeofthedispute.
Q:Whenisaclaimofinterestadverse?
A:
1. Claimantsrightorinterestinregistered
landisadversetotheregisteredowner;
2. Suchrightarosesubsequenttothedate
oforiginalregistration;or
3. No other provision is made in the
decreefortheregistrationofsuchright
orclaim.
Q:Whataretheformalrequisitesofanadverse
claimforpurposesofregistration?
A:WNR
1. Adverse claimant must state the
followinginWriting:
a. hisallegedrightorinterest;
b. how and under whom such alleged
rightofinterestisacquired;
c. descriptionofthelandinwhichthe
rightorinterestisclaimed;and
d. certificateoftitlenumber
2. Such statement must be signed and

sworntobeforeaNotarypublic;and
3. Claimant shall state his Residence or
placetowhichallnoticesmaybeserved
uponhim.
Q:Howareadverseclaimsregistered?
A:ByfilingaswornstatementwiththeRegisterof
Deeds of the province where the property is
located, setting forth the basis of the claimed
right together with other data pertinent thereto.
(Agcaoili,p.538,2006)
Note: Entry of the adverse claim filed on the day

bookissufficientwithoutthesamebeingannotated
at the back of the corresponding certificate of title
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(Director of Lands v. Reyes, G.R. No. L27594, Feb.

27,1976)
Q: What claims may be registered as adverse

claims?
A:Anyclaimofpartorinterestinregisteredland
that are adverse to the registered owner, arising
subsequenttothedateoftheoriginalregistration
(Sec.70,PD1529)
Note: A mere money claim cannot be registered as

anadverseclaim.(Aquino,p.216,2007ed)
Q: What is the effect of the registration of an

adverseclaim?
A:Itrenderstheadverseclaimeffectiveandany
transaction regarding the disputed land shall be
subjecttotheoutcomeofthedispute(Aquino,p.
217,2007ed)
Q: What is the effect of nonregistration of an

adverseclaim?
A: The effect of nonregistration or invalid

registration of an adverse claim renders it
ineffective for the purpose of protecting the
claimants right or interest on the disputed land,
and could not thus prejudice any right that may
have arisen thereafter in favor of third parties
Q:Whatarethelimitationstotheregistrationof
anadverseclaim?
A:Yes.
1. No second adverse claim based on the
same ground may be registered by the
sameclaimant.
2. A mere money claim cannot be
registeredasanadverseclaim.
Q:Mayanadverseclaimexistconcurrentlywith
a subsequent annotation of a notice of lis
pendens?
A: Yes, an adverse claim may exist concurrently

with a subsequent annotation of a notice of lis
pendens. When an adverse claim exists
concurrently with a notice of lis pendens, the
notice of adverse claim may be validly cancelled
after the registration of such notice, since the
notice of lis pendens also serves the purpose of
the adverse claim. (Agcaoili, Registration Decree
andRelatedLaws,p.539,2006)
Q: What is the lifespan of a registered adverse
claim?
490
A: The adverse claim shall be effective for a

period of thirty (30) days from the date of
registration and it may be cancelled. (Agcaoili
Reviewer,p.341.2008)
Q: What is the effect of the expiration of the

periodofeffectivityofanadverseclaim?
A: The expiration does not ipso facto terminate

theclaim.Thecancellationoftheadverseclaimis
still necessary to render it ineffective, otherwise,
the inscription will remain annotated and shall
continue as a lien to the property. (Agcaoili
Reviewer,p.341,2008)
Q:MaytheRDcancelanadverseclaim?
A: The RD cannot, on its own, automatically

canceltheadverseclaim.
Note: Before the lapse of 30day period, the

claimant may file a sworn petition withdrawing his
adverse claim, or a petition for cancellation of
adverse claim may be filed in the proper Regional
TrialCourt(Aquino,p.219,2007ed).
Q:Whatmustaninterestedpartydoifheseeks
thecancellationofaregisteredadverseclaim?
A:Theinterestedpartymustfilewiththeproper
courtapetitionforcancellationofadverseclaim,
andahearingmustalsofirstbeconducted.
NOTICEOFLISPENDENS
Q:Whatisnoticeoflispendens?
A:Lispendensliterallymeansapendingsuit.The
doctrine of lis pendens refers to the jurisdiction,
power or control which a court acquires over
property involved in a suit, pending the
continuance of the action, and until final
judgment.(AgcaoiliReviewer,p.343,2008ed)
Itmerelycreatesacontingencyandnotalien.It
doesnotproduceanyrightorinterestwhichmay
beexercisedoverthepropertyofanother.Itonly
protects the applicants rights which will be
determinedduringtrial.(Aquino,p.221,2007ed;
AgcaoiliReviewer,p.255,1999ed)
Q: What are the purposes of a notice of lis

pendens?
A:To:
1. protect the rights of the party causing
theregistrationofthelispendens;and
2. advise third persons who purchase or
contract on the subject property that
CIVILLAWTEAM:

they do so at their peril and subject to
the result of the pending litigation.
Note: A notice of lis pendens is intended to

constructively advise, or warn all people who deal
with the property that they so deal with it at their
own risk, and whatever rights they may acquire in
the property in any voluntary transaction, are
subjecttotheresultsoftheaction,andmaywellbe
inferior and subordinate to those which may be
finallydeterminedandlaiddowntherein.
Q:Whenmayanoticeoflispendensbehadand
whenmayitnotberesortedto?
A:
NOTICEOFLISPENDENS
Whenapplicable
WhenInapplicable
1. Recover possession
ofrealestate
2. Quietingoftitle
3. Remove clouds upon
title
4. ForPartition
5. Anyotherproceeding
of any kind in court
directly affecting title
to the land or its use
or occupation or the
buildingthereon
1. Attachments
2. Levyorexecution
3. Proceedings
on
probateorwills
4. Administration of
the real estate of
deceasedperson
5. Proceedings for the
recovery of money
judgments
Q: What are the effects of the annotation of

noticeoflispendens?
A:Thefilingofnoticeoflispendenshas2effects:
1. Itkeepsthesubjectmatterof litigation
within the power of the court until the
entry of the final judgment to prevent
the defeat of the final judgment by
successivealienation;and
2. Itbindsapurchaser,bonafideornot,of
the land subject of the litigation to the
judgment or decree that the court will
promulgate subsequently (Agcaoili
Q: What statutory liens affecting title are not

barredeventhoughnotnotedinthetitle?
A:LUPD
1. Liens,claimsorrightsarisingorexisting
under the laws and the Constitution,
notrequiredbylawtoappearofrecord
intheRD;
2. Unpaid real estate taxes levied and

assessed within two (2) years
immediately preceding the acquisition
of any right over the land by an
innocent purchaser for value without
prejudicetorightofthegovernmentto
collecttaxespayablebeforethatperiod
fromthedelinquenttaxpayeralone;
3. Public highway or private way

establishedorrecognizedbylaworany
government irrigation canal or lateral
thereof;and
4. Any Disposition of the property or

limitation on the use thereof by virtue
of laws or regulations on agrarian
reform(Sec.44,PD1529).
Q: When may a notice of lis pendens be

cancelled?
A:Anoticeoflispendensmaybecancelledinthe
followingcasesbeforefinaljudgmentuponorder
ofthecourt:MENDPC
1. When it is shown that the notice is for

the purpose of Molesting the adverse
party;
2. WheretheEvidencesofarpresentedby
theplaintiffdoesnotbearoutthemain
allegationsofthecomplaint;
3. When it is shown that it is Not

necessary to protect the right of the
party who caused the registration
thereof;
4. Wherethecontinuancesofthetrialare
unnecessarily
Delaying
the
determination of the case to the
prejudiceofthedefendant;
5. UponverifiedPetitionofthepartywho
causedtheregistrationthereof;or
6. It is deemed Cancelled after final

judgment in favor of defendant, or
other disposition of the action, such as
toterminateallrightsoftheplaintiffto
thepropertyinvolved.
Q: May a notice of lis pendens be cancelled

despitethependencyofthecase?
A: Yes. Though ordinarily a notice of lis pendens

cannot be cancelled while the action is still
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pendingandundetermined,thepropercourthas
discretionary power to cancel it under peculiar
circumstances, as for instance, where the
evidence so far presented by the plaintiffs does
not bear out the main allegations of his
complaint, and where the continuances of the
trial, for which the plaintiffs is responsible are
unnecessarily delaying the determination of the
casetotheprejudiceofthedefendants.(Baranda
v.Gustillo,G.R.No.L81163,Sept.26,1988)
VI.NONREGISTRABLEPROPERTIES
Q:Whatarenonregistrablelands?
A:Thesearepropertiesofpublicdominionwhich,
under existing legislation, are not the subject of
private ownership and are reserved for public
purposes.(Aquino,p.38,2007ed)
Q: What is the reason behind their non

registrability?
A:Theyareintendedforpublicuse,publicservice
or development of thenational wealth. They are
outsidethecommerceofmenand,therefore,not
subjecttoprivateappropriation.
Q:Whichlandsarenonregistrable?
A:
1. Property of public domain or those
intended for public use, public service
ordevelopmentofthenationalwealth.
2. Forestortimberlands
3. Watersheds
4. Mangroveswamps
5. Minerallands
6. Parksandplazas
7. Militaryornavalreservations
8. Foreshorelands
9. Reclaimedlands
10. Submergedareas
11. Riverbanks
12. Lakes
13. Reservations for public and semipublic
purposes
14. Others of similar character (Agcaoili
Reviewer,p.82,2008)
FORESTLAND
Q:In1913,Gov.Gen.Forbesreservedaparcelof
land for provincial park purposes. Sometime
thereafter, the court ordered said land to be
registeredinIgnacioPalomosname.Whatisthe
492
effectoftheactofGov.GenForbesinreserving
thelandforprovincialparkpurposes?
A: As part of the reservation for provincial park

purposes, they form part of the forest zone. It is
elementary in the law governing natural
resources that forest land cannot be owned by
private persons. It is not registrable and
possession thereof, no matter how lengthy,
cannot convert it into private property, unless
such lands are reclassified and considered
disposable and alienable. (Sps. Palomo, et. al. v.
CA,et.al.,G.R.No.95608,Jan.21,1997)
FORESHORELAND
Q:Whatisforeshoreland?
A: A strip of land that lies between thehigh and

lowwatermarksandisalternativelywetanddry
accordingtotheflowoftide.Itisthatpartofthe
land adjacent to the sea, which is alternately
coveredandleftdrybytheordinaryflowoftides.
Note: Foreshore land forms part of the alienable

land of the public domain and may be disposed of
only by lease and not otherwise. Foreshore land
remainspartofthepublicdomainandisoutsidethe
commerce of man. It is not capable of private
appropriation.
MANGROVESWAMPS
Q:Whataremangroveswamps?
A: These are mud flats, alternately washed and

exposed by the tide, in which grows various
kindred plants which will not live except when
watered by the sea, extending their roots deep
into the mud and casting their seeds, which also
germinate there. These constitute the mangrove
flats of the tropics, which exist naturally, but
whicharealso,tosomeextentcultivatedbyman
for the sake of the combustible wood of the
mangroveandliketreesaswellasfortheuseful
nipa palm propagated thereon. (Montano v.
InsularGovernment,G.R.No.3714,Jan.26,1909)
MINERALLANDS
Q:Whatareminerallands?
A: Mineral land means any land where mineral

resourcesarefound.
Mineralresources,ontheotherhand,meansany
concentration of mineral/rocks with potential
economicvalue.
CIVILLAWTEAM:

WATERSHED
Q:Whatiswatershed?
A: It is a land area drained by a stream or fixed

body of water and its tributaries having a
commonoutletforsurfacerunoff.
Q:Whatiswatershedreservation?
A: It is a forest land reservation established to

protect or improve the conditions of the water
yieldthereoforreducesedimentation.
VII.DEALINGSWITHUNREGISTEREDLANDS
Q:Whichlandsareregistrable?
A:
1. Alienable and disposable public
agriculturallands;and
2. Privatelands.
Q: What are the general incidents of registered

land?
A:Registeredlandortheownersarenotrelieved
fromthefollowing:
1. any rights incident to the relation of
husbandandwife,landlordandtenant;
2. liability to attachment or levy on
execution;
3. liability to any lien of any description
established by law on the land and
buildings thereon, or in the interest of
theownerinsuchlandorbuilding;
4. any right or liability that may arise due
tochangeofthelawofdescent;
5. the rights of partition between co
owners;
6. the right of government to take the
landbyeminentdomain;
7. liability to be recovered by an assignee
in insolvency or trustee or bankruptcy
under the laws relative to preferences;
and
8. anyotherrightsorliabilitiescreatedby
lawandapplicabletounregisteredland.
A.ADVERSEPOSSESSION
Q:Whenispossessionadverse?
A: Possession of land is adverse when it is open

andnotorious.Itisopenwhenitispatent,visible,
and apparent and it is notorious when it is so
conspicuousthatitisgenerallyknownandtalked
of by public or the people in the neighborhood.

Q: Is adverse possession similar with the

possessionrequiredinacquisitiveprescription?
A: Yes. Possession, to constitute the foundation

ofaprescriptiveright,mustbepossessionunder
aclaimoftitleoritmustbeadverse.(Cuaycongv.
Benedicto,G.R.No.9989,Mar.13,1918)
Q: What are the requisites in order to acquire

landtitlethruadversepossession?
A:
1. Possessionmustbe:OCENCU
a. Open;
b. Continuous;
c. Exclusive;
d. Notorious;
e. IntheConceptofanowner;and
f. Uninterruptedpossessionfor:
i.
10 Years If possession is in
goodfaithandwithjusttitle
ii.
30 Years If possession is in
badfaithandwithoutjusttitle
2. Landpossessedmustbeanalienableor
disposablepublicland
Q: An Emancipation Patent OCT was issued in

Remys favor. However, Madarieta filed a
complaintforannulmentandcancellationofthe
OCT against Remy before the DARAB, alleging
that the Department of Agrarian Reform
mistakenlyincludedherhusbandslotaspartof
Luspos property where Remys house was
constructed. From the facts of thecase, what is
the nature of Remys possession of the subject
land?
A: Remy possessed the subject land in the

conceptofanowner.Noobjectionwasinterposed
against his possession of the subject land and
Remydidnotemployfraudintheissuanceofthe
emancipation patent and title. In fact, Madarieta
faulted the DAR, not him. (Rementizo v. Heirs of
Vda. De Madarieta, G.R. No. 170318, Jan. 15,
2009)
Q: RP opposed the application for registration

filed by Manna Properties under Sec. 48(b), CA
No.141arguingthat,asaprivatecorporation,it
is disqualified from holding alienable lands of
thepublicdomain,exceptbylease,citingSec.3,
Art. XII, 1987 Constitution. On the other hand,
Manna Properties claims that the land in
question has been in the open and exclusive
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possession of its predecessorsininterest since

the 1940s, thus, the land was already private
landwhenMannaPropertiesacquireditfromits
predecessorsininterest.Decide.
A: Lands that fall under Sec. 48, CA No. 141 are

effectivelysegregatedfromthepublicdomainby
virtue of acquisitive prescription. Open, exclusive
and undisputed possession of alienable public
landfortheperiodprescribedbyCANo.141ipso
jureconvertssuchlandintoprivateland.Judicial
confirmationinsuchcasesisonlyaformalitythat
merelyconfirmstheearlierconversionoftheland
intoprivateland,theconversionhavingoccurred
in law from the moment the required period of
possessionbecamecomplete.
UnderCANo.141,thereckoningpointisJune12,
1945. If the predecessorsininterest of Manna
Propertieshavebeeninpossessionofthelandin
question since this date, or earlier, Manna
Properties may rightfully apply for confirmation
of title to the land.Manna Properties, a private
corporation, may apply for judicial confirmation
of the land without need of a separate
confirmation proceeding for its predecessorsin
interest first. (Republic v. Manna Properties Inc.,
G.R.No.146527,Jan.31,2005)
Note:Sec.48(b),CA141orPublicLandActgoverns
theconfirmationofimperfectorincompletetitlesto
landsofthepublicdomain.
Q: Against whom can acquisition of ownership

byprescriptionnotbeused?
A: Acquisition of ownership by prescription is

unavailing against the registered owner and his
hereditary successors because under Section 47
of the Property Registration Decree, registered
lands are not subject to prescription. No title to
registered land in derogation of the title of the
registered owner shall be acquired by
prescription or adverse possession. (Agcaoili,
Reviewer in property registration and related
proceedings,p.341,2008ed)
B.ACQUISITIONOFTITLEBYLAW
Q:Howmaylandtitlesbeacquiredbylaw?
A:
1. FreePatentsbasedonPublicLandAct;
2. TitletoAccretioninriverbanks;
3. Reclamation;or
4. TitlebyEscheat(Rule91,RulesofCourt)
PATENTSUNDERTHEPUBLICLANDACT
Q:WhatarethedifferentkindsofpatentsunderthePublicLandAct?Towhomaretheygrantedandwhat
aretherequirementsforacquisitionofsuch?
A:
TOWHOMGRANTED
REQUIREMENTS
HomesteadPatent
ToanyFilipinocitizenovertheageof
18yearsorheadofafamily
Doesnotownmorethan24hectaresoflandinthePhilippinesorhasnothadthe
benefitofanygratuitousallotmentofmorethan24hectares
Musthaveresidedcontinuouslyforatleast1yearinthemunicipalitywherethe
landissituated
Musthavecultivatedatleast1/5ofthelandappliedfor
FreePatent
Toanynaturalborncitizenofthe
Philippines
Doesnotownmorethan12hectaresofland
Hascontinuouslyoccupiedandcultivated,eitherbyhimselforhispredecessorsin
interesttract/sofagriculturalpubliclandsubjecttodisposition
SalesPatent
CitizensofthePhilippinesoflawful
ageorsuchcitizensnotoflawfulage
whoisheadofafamilymaypurchase
publicagriculturallandofnotmore
than12hectares
Tohaveatleast1/5ofthelandbrokenandcultivatedwithin5yearsfromthedate
oftheaward
Shallhaveestablishedactualoccupancy,cultivationandimprovementofatleast
1/5ofthelanduntilthedateofsuchfinalpayment
SpecialPatents
TononChristianFilipinosunderSec.
84ofthePublicLandAct
494
Sec.oftheDILGshallcertifythatthemajorityofthenonChristianinhabitantsof
anygivenreservationhaveadvancedsufficientlyincivilization
CIVILLAWTEAM:

Q:Howarepatentsacquired?
A:By:
1. Succession(testateorintestate)
a. Bydescenttitleisacquiredwhen
an heir succeeds the deceased
owner whether by testate or
intestate.
b. By devise person acquires land
fromonewhomayormaynotbea
relative, if he is named in the
deceasedswillasdeviseeforsuch
property.
2. Prescription Possession of land for

requirednumberofyearsandassertion
ofownershipthroughanuninterrupted
actualpossessionofpropertywithinthe
periodoftimeprescribedbylaw.(Arts.
712,1134,1137,NCC)
LANDPATENTS
Q:Howarepubliclandssuitableforagricultural
purposesdisposedof?
A: Public Lands suitable for agricultural purposes

aredisposedasfollows:
1. homesteadsettlement;
2. sale;
3. lease;
4. confirmation of imperfect title or
incomplete titles either by judicial or
administrativelegalization;or
5. freetitle.
Note: When a free patent title is issued to an

applicant and the sea water moves toward the
estate of the title holder, the invaded property
becomespartoftheforeshoreland.Thelandunder
theTorrenssystemrevertstothepublicdomainand
thetitleisannulled.
After a free patent application is granted and the

corresponding certificate of title is issued, the land
ceasedtobepartofthepublicdomainandbecomes
private property over which the Director of Lands
hadneithercontrolnorjurisdiction.
Q: What are the restrictions on alienation or

encumbrance of lands titled pursuant to
patents?
A:
1. Lands acquired under free patent or
homestead patent is prohibited from
beingalienated,exceptifinfavorofthe
government,5yearsfromandafterthe
issuanceofthepatentorgrant.
2.
3.
4.
5.
6.
Noalienation,transferorconveyanceof
any homestead after five (5) years and
before twentyfive (25) years after the
issuance of title shall be valid without
the approval of the Secretary of DENR.
(C.A. No. 141 as amended by C.A. No.
458)
It cannot be alienated within five (5)
years after approval of such patent
application.
Itcannotbeliableforthesatisfactionof
debt within five (5) years after the
approvalofsuchpatentapplication.
It is subject to repurchase of the heirs
within five (5) years after alienation
whensuchisalreadyallowed.
No private corporation, partnership or
association may lease such land unless
it is solely for commercial, industrial,
educational, religious or charitable
purposes,orrightofway(subjecttothe
consentofthegranteeandtheapproval
of the Secretary of the DENR). [The
PublicLandAct(C.A.No.141)].
Q: What are the exceptions to the rule on

restrictions on alienation or encumbrance of
landstitledpursuanttopatents?
A:
1. Actions for partition because it is not a
conveyance,
2. Alienations or encumbrances made in
favorofthegovernment.
Q: What is the proper action in cases of

improperorillegalissuanceofpatents?
A: Reversion suits, the objective of which is the

cancellation of the certificate of title and the
consequent reversions of the land covered
therebytotheState.
ACCRETION
Q:Differentiateaccretionfromalluvium.
A:Alluviumisthesoilimperceptiblyandgradually
deposited on lands adjoining the banks of rivers
causedbythecurrentofthewater.
Accretion is the process whereby the soil is so

deposited.(Pineda,Property,p.124,1999ed)
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Q:Whataretherequisitesofaccretion?
A:
1. The deposit of soil or sediment be
gradualandimperceptible;
2. It is the result of the current of the
waters(river/sea);and
3. Thelandwhereaccretiontakesplaceis
adjacent to the banks of rivers or the
seacoast.
Note:Alluvionmustbetheexclusiveworkofnature.
Q:Towhomdoesaccretionbelong?
A:Itdepends.
1. Accretions on the bank of a lake
belong to the owners of the estate to
whichtheyhavebeenadded.
2. Accretion on the sea bank still of
public domain, and is not available for
private ownership until formally
declared by the government to be no
longer needed for public use (Republic
v. Amanda Vda. De Castillo, G.R. No. L
69002June30,1988).
Note:Thelandadjoiningthebankoftheriveristhe
principalandthealluvialdepositsalongsuchriparian
land constitute the accessory. (Rabuya, Property, p.
262,2007)Accessoryfollowstheprincipal.
Q: If the area of a nonregistrable land is

increased due to accretion, may the alluvial
depositsbesubjectedtoprivateownership?
A: No. Nonregistrable lands (property of public

dominion) are outside the commerce of man,
they are not subject to private appropriation.
(AgcaoiliReviewer,p.83,2008ed)
Q:Iftheland,theareaofwhichisincreasedby
accretion, has already been registered, is there
stillaneedtoregisterthealluvion?
A:Yes.Accretiondoesnotautomaticallybecome
registered.Itneedsanewregistration.
Q: If the land area has been diminished due to

accretion, may the riparian owner claim
protectionagainstsuchdiminutionbasedonthe
factofregistrationofhisland?
A: Registration does not protect the riparian

owner against diminution of land through
accretion.Accretionsbecomethepropertyofthe
ownersofthebanksandarenaturalincidentsto
land bordering on running streams and the
provisions of the Civil Code thereon are not
496
affected by the Land Registration Act (now

PropertyRegistrationDecree).(Republicv.CAand
Tancinco,G.R.No.L61647,Oct.12,1984).
The properties of Jessica and Jenny, who are

neighbors, lie along the banks of the Marikina
River. At certain times of the year, the river
would swell and as the water recedes, soils,
rocks and other materials are deposited on
Jessicas and Jennys properties. This pattern of
the river swelling, receding and depositing soil
and other materials being deposited on the
neighbors properties have gone on for many
years. Knowing this pattern, Jessica constructed
a concrete barrier about 2 meters from her
propertylineandextendingtowardstheriver,so
that when the water recedes, soil and other
materials are trapped within this barrier. After
several years, the area between Jessicas
property line to the concrete barrier was
completelyfilledwithsoil,effectivelyincreasing
Jessicaspropertyby2meters.Jennysproperty,
where no barrier was constructed, also
increased by one meter along the side of the
river.
Can Jessica and Jenny legally claim ownership

over the additional 2 meters and one meter,
respectively, of land deposited along their
properties?
A:Jennycanlegallyclaimownershipofthelands
byrightofaccession(accretion)underArticle457
oftheCivilCode.Thelandscameintobeingover
the years through the gradual deposition of soil
andsiltbythenaturalactionofthewatersofthe
river.
Jessica cannot claim the two meterwide strip of

land added to her land. Jessica constructed the
cement barrier two meters in front of her
propertytowardstherivernottoprotectherland
from the destructive forces of the water but to
trap the alluvium. In order that the riparian
owner may be entitled to the alluvium the
deposition must occur naturally without the
interventionoftheriparianowner(Republicv.CA
132SCRA514[1984]).
IfJessicasandJennyspropertiesareregistered,
will the benefit of such registration extend to
theincreasedareaoftheirproperties?
A: No, the registration of Jessicas and Jennys

adjoiningpropertydoesnotautomaticallyextend
to the accretions. They have to bring their lands
undertheoperationoftheTorrenssystemofland
CIVILLAWTEAM:

registrationfollowingtheprocedureprescribedin
P.D.No.1529.
Assume the two properties are on a cliff

adjoining the shore of Laguna Lake. Jessica and
Jenny had a hotel built on the properties. They
had the earth and rocks excavated from the
properties dumped on the adjoining shore,
givingrisetoanewpatchofdryland.Canthey
validlylayclaimtothepatchofland?
A: Jessica and Jenny cannot validly lay claim to

the price of dry land that resulted from the
dumping of rocks and earth materials excavated
from their properties because it is a reclamation
without authority. The land is part of the
lakeshore,ifnotthelakebed,whichisinalienable
landofthepublicdomain.(2008BarQuestion)
RECLAMATION
Q:Whatisreclamation?
A: Reclamation is the act of filling up of parts of

theseaforconversiontoland.
Note:Itmustbeinitiallyownedbythegovernment.
It may be subsequently transferred to private
owners.
Q:Whomayundertakereclamationprojects?
A: Only the National Government may engage in

reclamationprojects.
Q:Towhomdoesareclaimedareabelong?
A:UndertheRegaliandoctrine,theStateownsall
waters and lands of the public domain, including
those physically reclaimed. (Agcaoili Reviewer, p.
110,2008ed)
ESCHEAT
Q: Differentiate action for reversion from

escheatproceeding.
A:Anactionforreversionisslightlydifferentfrom
escheatproceeding,butinitseffectstheyarethe
same. They only differ in procedure. Escheat
proceedings may be instituted as a consequence
of a violation of the Constitution which prohibits
transfers of private agricultural lands to aliens,
whereas an action for reversion is expressly
authorizedbythePublicLandAct.(Rellosav.Gaw
CheeHun,G.R.No.L1411,Sept.29,1953)
REGISTEROFDEEDS
Q:WhatistheOfficeoftheRegisterofDeeds?
A:Itconstitutesapublicrepositoryofrecordsor
instruments affecting registered or unregistered
lands and chattel mortgages in the province or
citywheresuchofficeissituated.
Note:
Register:bookcontainingalist,record,etc.
Registrar:personwhosedutyistokeeparegister.
Registry:officeorplacewhereregistersarekept.
Q:WhatisthenatureofthefunctionsoftheRD?
A:
GR:ThefunctionoftheRDwithreferenceto
registration of deeds, encumbrances,
instruments, and the like is ministerial in
nature.
XPN: Instances when RD may deny

registration:
1. When there are several copies of the

title(coownerstitle)butisonlyoneis
presented with the instrument to be
registered.
2. When the property is presumed to be
conjugal but the instrument of
conveyance bears the signature of only
oneperson.
3. When there is a pending case on court
where the character of the land and
validity of the conveyance are in issue.
(Agcaoili, Registration Decree and
Related Laws, p. 56. 2006; Aquino, p.
11)
4. When the instrument is not notarized
Note:Adeedofsaleexecutedinaplaceotherthan
where the property is located does not affect
extrinsic validity of the instrument as long as the
notary public concerned has authority to
acknowledge the document executed within his
territorialjurisdiction.
Notarial acknowledgment attaches full faith and

credit to the document and vests upon it the
presumptionofregularity.
Q: Is registration of an instrument by the RD

ministerial?
A: Yes, it is enough that in the RDs opinion an

instrument is registerable, for him to register it.
The act, being administrative in character, does
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not contemplate notice to and hearing of

interestedparties.
Q: Will mandamus lie to compel the RD to

register an instrument where a party opposes
suchregistration?
A:No.MandamusdoesnotlietocompeltheRD
to register the deed of sale. Where any party in
interestdoesnotagreewiththeRD,thequestion
shall be submitted to the Commissioner of Land
Registration, where decision on the matter shall
be binding upon all RDs. (Almirol v. Register of
Deeds of Agusan, G.R. No. L22486, Mar. 20,
1968)
Q: Is it required that before the RD registers an

instrument, its validity should first be
determined?
A: The law on registration does not require that

only valid instruments shall be registered. If the
purpose of registration is merely to give notice,
then questions regarding the effect or invalidity
of instrumentsare expected to be decided after,
not before registration. It must follow as a
necessary consequence, that registration must
first be allowed, and validity or effect, litigated
afterwards.
Q:Almirolpurchasedaparceloflandcoveredby
anOCTinthenameofArcenioAbalo,marriedto
Nicolasa Abalo (deceased). When Almirol went
to the Registerof Deeds to register thedeedof
sale and to secure in his name a TCT, the RD
refusedsuch,sayingthatitisaconjugalproperty
andthatitisnecessarythatthepropertybefirst
liquidated and transferred in the name of the
surviving spouse and heirs by means of
extrajudicial settlement of partition. Was the
RDcorrect?
A:No.Whetheradocumentisvalidornot,isnot
for the RD to determine, this function belongs
properly to a court of competent jurisdiction.
(Almirol v. Register of Deeds of Agusan, G.R. No.
L22486,Mar.20,1968)
Q:WhatactionshouldtheRDtakeincaseheis
indoubtastowhethertheinstrumentshouldbe
registeredornot?
A: When the RD is in doubt as to the proper

action to take on an instrument or deed
presented to him for registration, he should
submit the question to the Administrator of LRA
enconsulta(Sec.117,PD1529).
498
LANDREGISTRATIONAUTHORITY
Q:WhatisLRA?
A:Itisanagencyofthegovernmentchargedwith
the execution of laws relative to the registration
of lands and under the executive supervision of
DOJ.
Note: The authority is headed by an Administrator

and is assistedby two Deputy Administrators, allof
whom are appointed by the President of the
Philippines upon recommendation of the Secretary
of Justice. (Aquino, Land Registration and Related
Proceedings,p.8,2007)
Q: What are the functions of the LRA

Administrator?
A:DRVICES
1. Issues Decrees of registration pursuant
tofinaljudgmentsofthecourtsinland
registration proceedings and cause the
issuance by the Registers of Deeds of
thecorrespondingcertificatesoftitle;
2. Resolves cases elevated en consulta by

or on appeal from the decision of the
RegisterofDeeds;
3. Verify and approve subdivision,

consolidation and survey plans of
properties titled under Act 496 and PD
1529exceptthosecoveredbyPD957;
4. Implements all orders, decisions, and

decrees promulgated relative to the
registration of lands, and issue, subject
to the approval of the Secretary of
Justice, all needful rules and
regulations;
5. Acts as Clerk of court in land

registrationproceedings;
6. Exercises Executive supervision over all

clerks of court and personnel of the
courts with respect to the discharge of
theirdutiesandfunctionsinrelationto
theregistrationoflands;and
7. Exercises Supervision and control over

all Registers of Deeds and other
personneloftheCommission.
CIVILLAWTEAM:

Q:Whatisappealenconsulta?
ruling, he may, without withdrawing the
documentsfromtheRegistry,elevatethematter
A: Where the instrument is denied registration,
by consulta within five (5) days from receipt of
the Register of Deeds shall notify the interested
notice of the denial of registration to the
party in writing, setting forth the defects of the
CommissionerofLandRegistration.(Sec.117,PD
instrument or legal grounds relied upon, and
1529)
advising him that if he is not agreeable to such
Q:WhatarethefunctionsoftheRD,LRAandthecourtsinlandregistration?
A:
RD
1.
2.
3.
4.
5.
6.
Registrationofaninstrument
presentedforregistration
dealingwithrealorpersonal
propertywhichcomplieswith
therequisitesforregistration
Seetoitthatsaidinstrument
bearstheproperdocumentary
andstampsandthatthesame
areproperlycancelled
Iftheinstrumentisnot
registerable:
denytheregistrationthereof
andinformthepresentorof
suchdenialinwriting,stating
thegroundorreasontherefore,
and
advisinghimofhisrightto
appealbyconsultain
accordancewithSec.117ofPD
1529
Prepareandkeepanindex
systemwhichcontainsthe
namesofallregisteredowners
andlandsregistered
LRA
1.
2.
3.
4.
Assistancetothe
Departmentof
AgrarianReform,the
LandBank,andother
agenciesinthe
implementationofthe
landreformprogram
ofthegovernment
Assistancetocourtsin
ordinaryandcadastral
landregistration
proceedings
Centralrepositoryof
recordsrelativetothe
originalregistrationof
landstitledunderthe
Torrenssystem,
includingthe
subdivisionand
consolidationplansof
titledlands.
Adjudicateappealen
consultacases
COURTS
Jurisdictionover:
1. Applicationsfororiginal
registrationoftitleto
lands,including
improvementsand
intereststherein
2. Petitionsfiledafteroriginal
registration,withpowerto
hearanddetermineall
questionsarisinguponsuch
applicationorpetitions.
V
ICE
C
HAIRFOR
A
DMINISTRATIONAND
F
INANCE
:
J
EANELLE
C.
L
EE
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UST Golden Notes 2011 - Land Titles and Deeds

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A: It is a system for registration of land under

Q: What are the purposes in adopting the

Q: What bodies implement land registration

A: Certificate of title is the transcript of the

It consists of one original copy filed in

2. Transfer Certificate of Title (TCT) the

It also consists of an original and an

Q: Differentiate title over land, land title,

A: Title is a juridical act or a deed which is not

Land title is the evidence of the owners right or

LAND TITLES AND DEEDS

Q: Is title over land synonymous with

Q: What are the modes of acquiring title over

By Sale, Donation, and Other modes of

Q: What are the modes of acquiring ownership

Note: It is conclusive against the whole world

Q: Filomena allegedly bought a parcel of

UST GOLDEN NOTES 2011

the property titled and declared for tax

A: No. Torrens certificate pertaining to the

Neither does the existence of tax declarations

Q: What are the effects of the issuance of a

A Torrens certificate is an evidence of

Q: What is meant by indefeasibility and

A: The certificate, once issued, becomes a

Q: What are the rules as regards indefeasibility

3. Decree of registration and the

Q: There is no specific provision in the Public

LAND TITLES AND DEEDS

The date of issuance of the patent, therefore,

Note: A certificate of title issued under an

A: All persons dealing with a property covered

Note: Stated differently, an innocent purchaser for

As is the common practice in the real estate

Q: Spouses X and Y mortgaged a piece of

B bought the land relying on A's title, and

A: The action of X and Y against B for

A forged deed is an absolute nullity and conveys

UST GOLDEN NOTES 2011

registered in the name of the forger and title to

Q: Who is a purchaser in good faith and for

Note: An innocent purchaser for value includes a

Q: If the land subject of the dispute was not

with an area of 30 hectares, located in General

A: Nestors motion to dismiss the complaint for

1. Eddie cannot claim protection as an

LAND TITLES AND DEEDS

A: No. This is unavailing when the party

Q: Bruce is the registered owner, of a parcel of

prosper, or will the title of Catalino and the

A: The complaint for the annulment of Catalino's

The mortgage to Desiderio should be cancelled

A: Yes. Erlinda, in good faith, relied on the

UST GOLDEN NOTES 2011

Q: When may a forged document become the

A: When the seller thru insidious means obtains

Q: X, who did not know how to read and write

A: The vendee has a better right. This is so

Q: The Solivels were the registered owners of

A: No. The innocent purchaser for value

Q: Cipriano, one of Pablos heirs, executed an

who then sold the property to Guaranteed

Q: Discuss the application of the Regalian